Broker Didn't Deliver Promised Leads

[hamilton01]

My question involves independent contractors in the state of: Florida

I work as a REALTOR in the state of Florida. In March I switched companies. In the interview process the broker told me that we would get fully qualified leads - 140 to split between 6-8 agents - personalized web pages, lead generation through the web pages, full marketing staff to produce high quality marketing materials - just to name a few. Since they were providing the leads that were supposed to be fully qualified and just 'sitting on his desk' I agreed to a 50% commission split to start even though I was making a lot more where I was. He said that we would increase that but that we could not right away.

It is now August and I have yet to see a pre qualified lead!! I don't have a web page nor do I have a marketing team that is behind me at all!!! I barely have marketing! The laundry list is long of promises made and not fulfilled. Some of the promises are in writing, others were verbal.

My question is - Is this a breach of contract and if so, where could I go with this? I took a cut in pay and didn't gain anything - in fact lost because of these false promises and nothing is happening to fix them.

So, should I just cut my losses and move on or is there possibly enough to sue these people?

Thanks!!

[Mr. Knowitall]

This was stated in the interview, but never promised in writing or any other confirmable form? And this was a guarantee, not a statement of his expectation? And it has nothing to do with changed circumstances due to the downturn in the housing market? Do you expect the broker to admit or deny that he made that representation? What's in writing?

If your compensation is inadequate and there's no reason to expect that to change, you should be looking for a different place to work.

[hamilton01]

Thank you Mr. KnowItAll. Here's the deal - 8 agents came to start this new venture. We all signed contracts stating that we would be provided agent web pages and lead generation web pages as well as marketing and administrative support. In there it speaks about how the leads will be distributed but not about the numbers of leads. He told all of us the same thing - he had 140 -160 pre approved leads coming across his desk every month and 90% of them don't have REALTORS. Now, let me say this - the type of company this is affliated with would lead me to believe without question that he would be able to deliver.

As for making money - well if he gave us the leads he said I would. I've been in real estate for a little over 3 years and I closed a bit over 5 million last year - with that being said I have been making money in this market so I had no reason to believe that it wouldn't be that much better with those promised leads.

Would he admit it? I don't know. He told all of the agents - even those who have since left because the leads did not happen as promised - and we all took pretty good notes in the interview. This was the major reason we came over.

I'm not looking for a free ride, but I certainly don't think it's right to promise - written or oral - to perform a certain way and allow me or anyone to make changes based on that and take the hit because they won't or can't or haven't brought thier end of the deal to the table. If this was just some real estate agency promising leads, I wouldn't have put much weight on it - but for this type of company to start this real estate company it made sense that he was telling the truth.

If I just need to suck it up - fine. I just don't understand how he can feed us all the same line, not perform and then we just suffer. Doesn't seem right.

[usedbranflakes]

There is a rat in a trap somewhere.

He has hired you and contracted with you. He has failed to deliver what was put in writing. This sounds pretty clear.

...and if he is doing this as a broker for a franchise chain, such as Re/MAX, you can bet your sweet 4.5%-6% commission (well, before the split) that they will pull his real estate franchise. He may also have his broker's license.

Bad apples don't fall far from the tree; I am surprised that there were some good apples that didn't know this guy was a bad apple that fell off the tree.

[hamilton01]

Thank you Usedbranflakes. This is not just a real estate agency. To make it even more believable that the guy could deliver what he promised he was representing a financial institution and speaking on the leads that came through there. That made me really believe that he knew what he was talking about and that he could deliver. He was dealing with people who did not deal in this industry so I am not surprised they didn't know. He got the job from a friend of a friend.

I don't think the higher ups in the financial side of this know what is going on or even know what he promised. He puts up roadblocks when we try to go up the chain.

At the end of the day, even if I don't get a penny, I think that this guy needs to be held accountable for what he did. I tend to be a very easy going person and find it generally easy to give people the benefit of the doubt in most situations, however, like the old ganster saying goes..."You playing with my money, you're playing with your life". Obviously I am not gonna put a hit out on him but I am willing to bring to light what is going on.

Thanks again.

[nhshandto]

This seems to be available in Montgomery, Al also and yet it means nothing to those in charge. Independant Agents of Liberty National are also promised the moon and then required to follow instructions legal and illegal in order to obtain the promised goods but then when it is time for the payoff (benefits, etc) then it is to bad we made the money and gotta cut you loose. And there is nothing except "PRIVATE ATTORNEY" to help.