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  1. #1
    Join Date
    Jan 2016
    Posts
    1

    Default Real Estate Broker Will Not Pay My Commission

    Please help me...
    My two question's involve independent contractors in the state of Texas:

    1. My broker will not pay commissions I earned prior to terminating my agent sponsorship. We did not have an agreement but did have long running president show what my split was. The broker terminated my sponsorship and stated we was going in different directions and sated it was his (the Broker) intent to pay you full commissions on all deals that I closed or that will close as a result of your efforts. Once the broker collected the money from the client. The broker even emailed me a excel spreadsheet showing what deals was mine. I have requested my earnings and I get no response. Let me say they total around $24,000
    Do I have legal leg to stand on?
    Is broker required to pay me my %
    Do I take them to small Claims or is there anything I can do to prevent court?

    Question two with issue with same broker:

    2. I did transaction and received both sides of the commission and broker review the deal then paid me my %.
    Then Broker owed me on a different transaction 7 days later and sent me a check but stopped payment on this 2nd transactions commission check. Claiming I did not have seller and buyer (of the 1st transaction) sign intermediary agreement. The 1st commission check (had cleared brokers bank) 7 days prior to broker paying me on the 2nd transaction.
    Side note: I did get both buyer and seller to sign acknowledging I was acting as intermediary and had both sign Information about brokerage service.

    After terminating my sponsorship is when broker stopped payment on the 2nd check. After the stop payment the broker took 7 more days to reissue me a new commission check for the 2nd transaction but that 2nd commission check was now less the 18,900.00. The broker claimed he was owed by acting as the co-broker/intermediary in the 1st transaction. Broker never even spoke to buyer or seller during the 1st sale, but felt this was his side because of broker was the other intermediary assigned.

    Is this legal?
    Does broker have a right here?
    Can I get that money back?
    is there a way around court?

    In total since terminating my sponsorship via email while on vacation...
    Broker has keep $42,900.00 of my earned commissions.
    Locked me out of company email address called my contacts and offered his help saying was no longer at the office and keep electronic save files so I cannot see them..
    I do have the intermediary documents and the excel spreadsheet he sent in my first question above.
    I have two year history of my commission split Broker would never offer me an agreement for me to sign..

  2. #2
    Join Date
    Mar 2013
    Posts
    17,616

    Default Re: Real Estate Broker Will Not Pay My Commission

    Quote Quoting Bulls Eye
    View Post

    Is this legal?
    Sure. There's no law against him claiming that he doesn't owe you anything, just as there is no law against you claiming he does.

    Quote Quoting Bulls Eye
    View Post

    Does broker have a right here?
    Depends on who can prove what about whatever agreement you had.

    Quote Quoting Bulls Eye
    View Post

    Can I get that money back?
    Sorry, I'm not a precog lying in a milk bath.

    Quote Quoting Bulls Eye
    View Post

    is there a way around court?
    You mean not having to go to court? Sure. I can think of a few but they are likely to land you in prison.

    And small claims court isn't going to cut it unless you want to waive anything over the $10,000 small claims limit.

    On a positive note, it appears that you do have some circumstantial evidence of the debt (especially the spread sheet) to go to court with but I suggest you hire an attorney to go after this guy.

    You're way too naive to be able to handle it on your own.

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