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  1. #12
    Join Date
    Nov 2013
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    Default Re: Dispute Over Commissions - Illegal Business Says He Doesn't Have to Pay

    Quote Quoting llworking
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    Again, I am a little confused about the general tone of the responses here. Just because the owner of the business may be operating without the proper dealer's license doesn't mean that the OP knowingly participated in any kind of illegalities nor does it mean that he shouldn't be paid his commission.

    I agree that if he sues the guy in small claims court he may have a hard time collecting a judgement, but there is no reason why he shouldn't go ahead and do it anyway.
    I agree with you. The issue of not being a licensed dealer is the neighbor's problem and has nothing to do with OP's agreement to help the neighbor by posting ads, answering calls and emails. His verbal contract can be established by past performance in that receiving a 25% commission on RVs sold prior.

    OP was not in business with his neighbor. He was not an employee of his neighbor. He helping out his illiterate neighbor and there is nothing that OP posted that would indicate that he had any knowledge the neighbor was operating a non-licensed business.

    However, I would like to know who handled the title transfers. The neighbor was obtaining these RVs. Was he buying them or acting as an agent for the owners? Did he purchase them, title them in his own name and then sell them for profit? Was he jumping titles? And what did OP know of all this?

    If the neighbor was only working as an agent for owners that wanted to sell their RVs, he was not a dealer and I don't see him as operating an illegal business.

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