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#339725 - 06/01/10 12:42 PM Re: Bonuses to Selling agents........or no bonuses! [Re: Char K]
broker Offline
Major Contributor

Registered: 08/16/04
Posts: 1979
Loc: Cary, NC
what did you win? did you get actual $$ or just a decision? what was the exact finding/determination from arbitration?
_________________________
the real estate industry is changing...

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#339732 - 06/01/10 01:06 PM Re: Bonuses to Selling agents........or no bonuses! [Re: broker]
Char K Offline
Veteran Member

Registered: 02/25/08
Posts: 826
Loc: USA
The finding was to pay in 10 days in my favor. The contract was a unilateral contract between brokers 10K to the selling agent with no stipulations. I sold the property I was entitled to the bonus. dancingguy of course I still have legal counsel to pay but I think it was a win in terms of bonuses that have been put in the MLS without stipulation and hopefully anyone who is entitled to receive a bonus whether it be 200, 500, or 1000 dollars will be able to get those bonus without having to go thru arbitration
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Licensed Realtor since 2000

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#339737 - 06/01/10 01:17 PM Re: Bonuses to Selling agents........or no bonuses! [Re: Char K]
broker Offline
Major Contributor

Registered: 08/16/04
Posts: 1979
Loc: Cary, NC
I am surprised at that finding. I guess it all depends who is doing the arbitration and what factors they take into consideration. Expensive lesson all the way around.
_________________________
the real estate industry is changing...

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#341849 - 06/22/10 12:53 PM Re: Bonuses to Selling agents........or no bonuses! [Re: broker]
Char K Offline
Veteran Member

Registered: 02/25/08
Posts: 826
Loc: USA
yay Check was mailed to local board and distributed to our office. Unfortunate that it had to be expensive. Who would lay out 3K in legal fees to fight for a $500 bonus? I stood to lose that 3K if the board didn't rule in our favor; the defense didn't even have a signed listing agreement. How does that happen???

Kudos to my broker who believes in following rules and doing the right thing.
_________________________
Licensed Realtor since 2000

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#341851 - 06/22/10 01:03 PM Re: Bonuses to Selling agents........or no bonuses! [Re: Char K]
broker Offline
Major Contributor

Registered: 08/16/04
Posts: 1979
Loc: Cary, NC
So... what was the end result? 10k bonus paid by listing agent/broker to your office... you spent 3k on fight... what is the bottomline?

What did your broker wind up with and what did you wind up with net after everything?
_________________________
the real estate industry is changing...

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#341854 - 06/22/10 01:09 PM Re: Bonuses to Selling agents........or no bonuses! [Re: broker]
Char K Offline
Veteran Member

Registered: 02/25/08
Posts: 826
Loc: USA
be happy to pm you the results!
_________________________
Licensed Realtor since 2000

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#341862 - 06/22/10 02:01 PM Re: Bonuses to Selling agents........or no bonuses! [Re: Char K]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4725
Loc: Vermont's North-East Kingdom
Originally Posted By: Char K
". . . the defense didn't even have a signed listing agreement."

They just didn't have a copy with them . . . . or the Listing in MLS was never a legitimate "Contract" with the Seller ?

If it were the latter, then they were not entitled to any Commission from the Seller at all, let alone money to pay the bonus that was promoted.

Maybe this is not "the end of the story" ?

Do I recall that you are in Minnesota ?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#342320 - 06/26/10 10:23 AM Re: Bonuses to Selling agents........or no bonuses! [Re: Char K]
Grampa Offline
Major Contributor

Registered: 06/30/09
Posts: 2255
Loc: Margaritaville
Char K,
First and foremost congatulations on your win. I have been following this thread and believed that you did deserve the bonus and that you would prevail in the end if you continued to persue it.

In FL we would take an issue like this to the DRE and not use a lawyer as FL law is very clear on this sort of thing.

We made a mistake once and got an offer from an agent 100 miles away on a multiple offer property which was the highest and best so his customer got it. We made the mistake of not noiticing on the offer that they had put the selling agent compensation higher than what was listed in MLS. We ended up having to pay the difference. After conversations with the agent it was clear he did it intentionally and was not going to budge.

It pleases me to no end to hear of your success. I am curious if the agent is still working for the same broker or if they got canned. Also, if the agent or brokerage are still offering this type of "Bonus".

This happy foot dance is for you! dancingguy

I would also appreciate a PM about the details. (Can't ever learn too much in this business).
_________________________
"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind."
Dr. Seuss

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