Special offer
Martin Goldsmith (FREE AGENT)

Spam prevention
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Martin Goldsmith , I'm not sure.  I think it could be a RESPA violation, but you would need to check with someone in your local state Realtor organization.

Dec 03, 2014 01:43 AM
Rainmaker
864,708
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Martin,

I am certain  that is not legal and most definitely not grounds for termination. I would recommend that you read over your independent contract that you signed with the brokerage. A broker can recommend and ask that you use their in house preferred lender or escrow, but they can't make it a mandatory,. It might fall under the RESPA violations.

Call CAR legal hotline at 213-739-8282. CAR's attorney can better guide you and help you decide if you want to proceed with legal actions.

Glad to see you participate here in AR....  

Dec 03, 2014 07:18 AM
Rainmaker
7,869,880
Roy Kelley
Retired - Gaithersburg, MD

Legal or not, move on to a more welcoming atmosphere.

Dec 03, 2014 07:30 AM
Rainmaker
475,892
Bill Dandridge
MKB, Realtors - Roanoke, VA
GREEN, ABR, GRI, EcoBroker

I echo what Gabe says, and reach out to your state real estate commission for a thoughtful answer.

I would hope that this is not legal, because what about those agents who have worked with another company and are already satisfied with another escrow agent.

What I used to tell my former manager when I came to him with a reduced commission proposition for me is, "Would you rather have 2% of the commission check , or 0% of the check?"

Dec 03, 2014 02:59 AM
Rainer
279,878
Dipti Thakkar
LAER Realty Partners - Andover, MA
On a team with Praful Thakkar

No.

Apr 30, 2018 09:48 PM
Rainmaker
630,251
Ajay Pandya
e-Merge Real Estate Unlimited - Columbus, OH
Realtor Ajay Pandya

I do not think so.

Sep 28, 2017 10:26 PM
Rainmaker
1,027,602
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

I do not know for sure, but that sure sounds like a RESPA violation to me.  

Dec 03, 2014 07:54 AM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

No.

May 02, 2018 09:43 PM
Rainmaker
3,340,443
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

An independent contractor ...at least here...serves "at the will of the broker"....an attorney here told an agent that they can dismiss an agent for no cause based upon that premise.

Dec 06, 2014 03:39 PM
Rainmaker
1,895,067
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Were you an independent contractor or employee?  You should read whatever contract you signed to see what was stated regarding using affliated partners.

Dec 04, 2014 05:52 AM
Ambassador
2,684,769
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     I think the answer would depend upon what was in your written Indepedent Contractor agreement, or Employment contract.   Of course, see an Attorney for legal advice.

Dec 03, 2014 09:10 AM
Ambassador
6,423,485
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Plenty of brokers out there, move onto the next one.

Aug 07, 2019 10:54 PM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Parked and reading

Jun 10, 2018 05:08 AM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

It depends what your contract says. I would not work for a broker where I cannot make those kind of decisions and have the other thrust upon me.

Jan 04, 2017 08:16 PM
Ambassador
3,743,468
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

What did your employment contract say?  I would never ever sign one that required me to use preferred services.

Dec 09, 2015 09:20 AM
Rainer
8,298
Frank Alvarez
Leaskou Partners, inc. - Palm Springs, CA

I'm going to buck the trend here and not be so fast to jump on the RESPA violation bandwagon. We've all seen these brokerages that give agents 90-100% commission. Some don't even charge desk fees. In return they want you to feed their escrow businesses which is how they keep the lights on. With Affilliated Business Disclosures and a contract expecing a certain production and referral level, they might be within their rights to terminate you for lack of production. In any event, don't look back; find yourself a broker who respects your business relationships.

Dec 10, 2014 03:23 AM
Rainmaker
1,153,794
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

It all smells a little fishy to me Martin Goldsmith the above advice is recommended.

Dec 10, 2014 12:29 AM
Rainmaker
90,543
Debra Peters
Referral Realty - Manorville, NY
NY Real Estate Salesperson

I agree with all those who said it may be a RESPA violation.  The company had better be careful that they aren't receiving any kickbacks from one another.  I recently attended a class and something like this was mentioned.  The legal issues that could arise are huge!  I would contact your local boards legal department.

Dec 08, 2014 09:58 PM
Rainer
40,888
David Bracklow
Century 21 Arizona Foothills - Chandler, AZ
GRI / Homes for Sale in Chandler Az

I agree with Roy Kelley. It is probably a RESPA violation but do you really want to work there? 

Dec 07, 2014 11:27 PM