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#13886 - 04/01/06 06:11 PM Is there a law......
Smalltown Ohio Offline
Member

Registered: 09/06/05
Posts: 66
Loc: Ohio
Here's my question.
If you leave a brokerage, and go to another, where you still have a deal on the table, (in contract) are you still entitled to your part of the commission?
I've been told that I am and that it is law. Can anyone point me to where it states this information? I am in Ohio (obviously, hence my name) Thanks

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#13887 - 04/01/06 06:42 PM Re: Is there a law......
Gig em Offline
Veteran Member

Registered: 06/15/05
Posts: 1245
Loc: Texas
IN Texas, the deal belongs to the Broker not you. Often the broker will pay you at the lowest company split if you leave before closing. Listings also stay with the broker unless he is willing to let you take them with you and the sellers agree.
_________________________

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#13888 - 04/01/06 07:07 PM Re: Is there a law......
UpscaleLV Offline
Member

Registered: 01/14/06
Posts: 724
Loc: Las Vegas
I can't imagine something like that would ever be addressed during a legislative session. Really it's a private matter to be addressed in contracts.
So, what exactly is in your contract?
--A
_________________________
Greenville Real Estate

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#13889 - 04/02/06 05:24 AM Re: Is there a law......
RebelBroker Offline
California Real Estate Broker
Veteran Member

Registered: 06/15/03
Posts: 1225
Loc: Morgan Hill, CA, USA
If things work there like they do here in california, in all the listing agreements, etc. that you have been working with, it mentions your brokerage as being the party to the agreement with you acting as their agent.

If I had this question in my state, I could call up the legal hotline for the California Association of Realtors Legal Hotline and get an answer.

In Ohio, you could try doing a google search on "ohio association of realtors legal hotline". If you did, you would get the following link at the top of the search:

http://www.ohiorealtors.org/legal/index.html

Remember, the internet is your friend! ;-)

Good Luck,
R
_________________________
Robert "The Rebel Broker" Whitelaw - Broker,Realtor,ePro
Silicon Valley,CA

Roberts Website
Verified Agent/Broker Forum
Join ActiveRain
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#13890 - 04/02/06 07:00 AM Re: Is there a law......
broker Offline
Major Contributor

Registered: 08/16/04
Posts: 1979
Loc: Cary, NC
That should have all been explained and agreed to ahead of time in writing in your indpenedent contractor agreement.
_________________________
the real estate industry is changing...

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#13891 - 04/02/06 07:22 AM Re: Is there a law......
ky realtor Offline
Major Contributor

Registered: 04/21/05
Posts: 1879
Loc: kentucky
In my state, the Broker owns everything; contracts, listings, even your contacts. All agents should have an independent contractors agreement, which should spell out what you may be entitled to when you leave. My Broker voluntarily pays an agent commissions that were earned while they were with our company, but paid after they leave, but he doesn't have to.
_________________________
Comments made are my opinion, and not intended to be legal advice of any kind.

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#13892 - 04/03/06 07:07 AM Re: Is there a law......
amanda.cbsm Offline
Member

Registered: 03/27/06
Posts: 38
Loc: Minnesota
In MN it would all stay with the broker. Sorry that you have to hear this again, but if you want the commission, you need to follow it to the end.

Good luck
Amanda

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#13893 - 04/03/06 08:29 AM Re: Is there a law......
ShawnR Offline
Member

Registered: 03/22/06
Posts: 40
Loc: Ohio
I'm in Ohio, too. I know in my independent contractor contract I signed with my brokerage, it said that any deals that you have stay with the brokerage if you leave.

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#13894 - 04/03/06 09:18 AM Re: Is there a law......
GregInAtlanta Offline
Veteran Member

Registered: 04/14/05
Posts: 1171
Loc: Atlanta, Georgia
It depends on the company. Generally, everything belongs to the broker. However, some companies allow you to get paid for transactions entered into while you were still active with that firm.

For example, at my old company, your split reduces to 50/50 on any pending transactions that close after you officially switch brokers.
_________________________
Greg Sargent
Licensed Georgia Real Estate Broker.

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#13895 - 04/03/06 01:06 PM Re: Is there a law......
Realty Check Offline
Major Contributor

Registered: 09/19/03
Posts: 2410
Loc: Panama City FL
It depends on the Brokerage... but they are in the drivers seat since they do own the listings. If you leave on reasonable good terms many will allow you to keep at least part of your commission. As indicated above it may be cut if another agent has to perform activities for you to get it closed which is only fair.

Some agent attempt to "pull a fast one" by killing an existing deal and re-writing it at their new brokerage... Never seen it work out very well... in the two cases I know they got fired and never found a good brokerage to associate with after it became known what they attempted.

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