Andy Brown-Climer School of Real Estate, The Best Real Estate School in Florida (The Climer School of Real Estate)

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Ambassador
4,203,620
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Call an attorney - his broker is in breach of their Contract AND he needs to be taken out behind the woodshed. How terrible is he (the broker)? 

Feb 22, 2018 05:21 AM
Rainmaker
4,060,536
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Am I missing something here... if he has a contract for 90% split, the broker is in breach of contract. I'd file a law suit and take it to the state's real estate commission.

Feb 22, 2018 05:24 AM
Rainmaker
577,189
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

"Contractural" is the key word here.. if they have a signed agreement it is bindindg and it should prevail... But, again, it would depend on what is written in the contract.  There is only one action required... see the advice of a lawyer.

Feb 22, 2018 05:15 AM
Rainmaker
888,685
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

They have a contract? Sounds like the broker breached it.

Feb 22, 2018 05:09 AM
Rainmaker
4,162,901
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Your friend needs a boisterous attorney or a news organization to investigate. Then the broker should be asked about recruiting! Perception is reality and it does not look good for the broker.

Feb 22, 2018 05:18 AM
Rainmaker
759,996
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

WHAT?! If it's truly contractual it's time to call an attorney.  So sorry about your friend.

Feb 22, 2018 05:12 AM
Rainmaker
1,105,245
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

You did write "contractual" so there's only one route to go.

Feb 22, 2018 05:06 AM
Rainmaker
4,000,889
Richard Weeks
Dallas, TX
REALTOR®, Broker

So sad.  Possible a visit to an attorney is in order.

Feb 22, 2018 05:19 AM
Rainmaker
563,429
Maria Sapio
Keller Williams of Central PA - Carlisle, PA
Real Estate Agent- Carlisle, PA. Mariasapio.com

Sounds like an appointment with an attorney is in order.

Feb 22, 2018 05:14 AM
Ambassador
3,037,949
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

More information if truly needed here. If the contract calls for X% to be paid then I would send a lawyer up that brokers backside. 

Feb 22, 2018 07:46 AM
Rainmaker
610,406
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

The question was what would I do?

I would keep him on at his same split and give him all the help I could.

I don't care what the contract says or does not say...that is not the point...the broker is a total dirtbag....


Eve

Feb 22, 2018 07:38 AM
Rainmaker
3,069,934
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

#1. Seek legal advice.

 

Rinse and repeat...

Feb 22, 2018 05:37 AM
Rainmaker
883,007
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

#1. Give broker a moment to reconsider.   There may be things you do not know.

#2. You as a human being need to understand that good behavior is a by-product of the certainty of exposure. Drag that dirt bag broker into the sunlight. Brokers EXPECT agents to be cowardly. The expect agents to crumple when they say, "I have an attorney on retainer." Let's see what you are made of.

#3. Bring in the attorneys. This will help in the exposure of a dirt bag broker.

Be aware that you may not be privy to the agent/broker contract. It may actually have a productivity scale that determines split. Even so that does not mean the broker is not a dirt bag even though the broker is right.

Expose them.  Oh, the media would LOVE this regardless of who is right and who is wrong.

In the long run, the BROKER can not win this fight if the assistants and those of compassionate heart don't waiver. Of course be aware the BROKER may need to close shop and such a burnt earth outcome means a lot of folks may be temporarily out of work.

Make sure you know the outcome you want.

Feb 22, 2018 05:22 AM
Rainmaker
5,531,463
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Andy,

Time to hire the meanest and best legal eagle.  This is a contractual agreement.  A

Feb 22, 2018 09:29 AM
Rainmaker
2,634,787
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Stand for justice in the moment & be aware that this is up for renegotiation

Feb 22, 2018 09:12 AM
Rainer
1,085
Sharon Eastman
HomeSmart Legends - Fallbrook, CA
Broker Associate serving San Diego

Call the NAR  legal hotline.   

Tell the Broker he is breaching the contract and that your willing to take legal action. 

What is the Broker's reason for the change in the commission split?

 

Feb 22, 2018 08:14 AM
Rainmaker
507,733
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

If there's a contractual agreement signed by both then the broker is breaching the agreement.  Unless if there's something else written differently in the contract. Consult an attorney.

Feb 22, 2018 07:49 AM
Ambassador
2,564,431
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

        Be certain that said Broker is in breach of contract before taking action.  If the Broker is in breach of contract, then shine a floodlight on him.  Bring in the local news media.  And social media.   Make sure to broadcast his contact info, names of other agents who work under him, etc.  As we say on Twitter, "make him famous". .

Feb 22, 2018 07:14 AM
Rainmaker
709,884
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

Does not sound like we have the complete story here.... 

Feb 22, 2018 07:11 AM
Rainer
321,657
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

I'd either call an attorney or I would call Vinny and Guido. I'd get my other 40% one way or the other, if my broker couldn't walk or chew food afterwards, it wouldn't be my worry with what he is experiencing in brain cancer.

Feb 22, 2018 06:08 AM
Rainmaker
1,874,080
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Consult with an attorney. 

Feb 22, 2018 05:57 AM
Ambassador
1,814,133
Alan May
Jameson Sotheby's International Realty - Evanston, IL
A moving experience!

You already know the answer.  They are contracturally obligated to pay 90%, regardless of what they want to pay.  If the broker refuses to fulfill his obligation, after being reminded ... well, then... "It's Lawyer Time!"

Feb 22, 2018 05:51 AM
Rainmaker
846,260
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Attorney should review contract, then possibly get the board involved. Broker might be looking for a new line of work.

Feb 22, 2018 05:43 AM
Rainmaker
6,548,379
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Follow the terms of the written agreement.

Feb 22, 2018 05:43 AM
Rainmaker
415,391
Katina Hargrove 352-551-0308
Stake Your Land Realty, Inc. - Eustis, FL
Broker/Owner, GRI,SFR, REALTOR®

I hope your friend recovers   The % varies in performance and by individual Brokers/Offices. To many  unknown variables, I would need to read the contractual agreement in order to recommend.

Feb 22, 2018 05:36 AM
Rainmaker
1,716,804
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Is he behind on payments (to broker)? Why is the broker deciding how this poor guy gets paid. AND .. the assistants need to get paid out of that too.

I know we are independant contractors but maybe a call to the State's attorney's office on employment matters might also have suggestions.

Feb 22, 2018 05:27 AM
Rainmaker
1,398,583
Raymond E. Camp
Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

Should talk to the Broker and if that does not work the attorney and local board are to be called.

Feb 22, 2018 05:26 AM
Rainer
55,053
Joe D'Agostino
NMLS# 729950 - Manahawkin, NJ
Mortgage Officer 46 years!

My cousin Nunzio would pay him a visit and the next day he would get 100% and 20% for his medical issues......Cash! That is called the Vigorous or Vig. in South Philly.  Or call a labor attorney and do it the slow way. BTW.....thinking about attorneys, remember "A good God attorney knows the Law but,  a Great attorney knows the Judge.

 

Feb 22, 2018 08:06 PM
Rainmaker
1,514,605
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I have a good lawyer for your friend.

Wow....speechless!

Feb 22, 2018 05:06 PM
Rainmaker
1,381,073
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

A contract is a contract.  If the broker doesn't comply I'd:

  1. Get a new broker
  2. Get a lawyer
  3. Make sure the news media knew that the broker was doing this to a STAGE 4 BRAIN CANCER PATIENT!  Play the heck out of that card, the broker will be begging for food and change on the street corner within a month.
Feb 22, 2018 04:05 PM
Rainmaker
3,430,968
John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

Andy Brown-Climer School of Real Estate the broker has to honor and pay the 90% obligation. Unfortunately, there are dishonest people in the business.

Feb 22, 2018 03:41 PM
Rainmaker
5,571,343
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

drag that Broker out back and shoot him... 

Feb 22, 2018 02:39 PM
Rainmaker
818,907
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Isn't there a contract? Even a verbal one is one of honor. How shameful!

Feb 22, 2018 01:38 PM
Rainmaker
581,071
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

Probably the last thing your friend needs at this time is to be embroiled in a lawsuit. But if he has an agreement, a call to the Real Estate Commission with a complaint is indicated. On the other hand, is he incapacitated? Doing the brokerage harm? Then the broker probably has a case. Without knowing more...

Feb 22, 2018 10:35 AM
Rainmaker
3,985,837
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Band together as an office and give the dirt bag an ultimatum.

Feb 22, 2018 10:08 AM
Rainmaker
2,020,350
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Organize the other Agents at that Brokerage 

Feb 22, 2018 06:46 AM
Rainmaker
1,457,027
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Andy Brown-Climer School of Real Estate What does his illness have to do with his commission contract? I would contact an attorney.

Feb 22, 2018 06:14 AM
Rainer
69,594
Shawn and Angela Miller
Berkshire Hathaway HomeServices Amabassador Real Estate - Lincoln, NE
Lincoln and Omaha, NE REALTORS®

What's the agreement state?  90% if you bring in "X" amount of sales?  I would read the contract first.  As we know as REALTORS®, contracts bind two or more people to perform certain duties.  If there is a breach on the side of the broker, then hire an attorney. 

So sorry to hear about your friend and we hope for the best.  #CancerSucks

Feb 28, 2018 12:02 PM
Ambassador
5,361,540
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Cant imagine any broker being this crooked or stupid.  Are you sure you have the whole story?

Feb 24, 2018 09:06 AM
Rainmaker
4,889,610
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

That person is despicable and obviously has no heart.

Feb 24, 2018 07:26 AM
Rainmaker
4,799,481
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Report him?

Feb 23, 2018 05:54 AM
Ambassador
4,312,753
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Andy Brown-Climer School of Real Estate - not fair! The broker must oblige with the contract.

Feb 22, 2018 09:47 PM