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#450788 - 02/24/16 05:36 AM Another agent stole my moms commission
jaime arana Offline
Junior Member

Registered: 02/24/16
Posts: 3
Loc: Miami, FL USA
Me and my mom are both realtors, my mom had shown homes to one of my sisters friend for almost one year, after lots of offers being turned down due to appraisal, one of my sisters long time friend (15 years ) who is also a realtor convinced my mom to let her put the contracts under her name and she will give my mom most of the commission 80% which would have been around 6k, since my mom is an elderly lady and a bit unaware of all procedures, she failed to get a referral agreement signed but does have proof through txt of those conversations,. Long story short the home closed last year around Nov, and ever since then my sister friend has said she has not gotten paid, I recently found out from her manager that she did collect her commission, my question is how long after a closing can I file a complaint for practically theft by another agent ? and if my mom could file it with the txt conversations she has from her.

Hope someone can help , my mom has gone into a deep depression due to this.

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#450789 - 02/24/16 07:40 AM Re: Another agent stole my moms commission [Re: jaime arana]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7743
Loc: Vermont's North-East Kingdom
Talk to whoever it is that heads (chairs) the Grievance Committee on your local Board of REALTORS®.

Grievance will tell you how to file with them and get a Hearing.

If they decide that you have grounds for proceeding, they'll pass it on to the Arbitration Committee (because MONEY is involved.

If no money was involved, it would go to Professional Standards.

You did say that you're both dues paying REALTORS®; so having this mechanism for handling complaints is one of the benefits of your Union Membership.

If you're not REALTORS®; then you have to take it to Small Claims Court.
_________________________
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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#450796 - 02/24/16 10:25 AM Re: Another agent stole my moms commission [Re: jaime arana]
jaime arana Offline
Junior Member

Registered: 02/24/16
Posts: 3
Loc: Miami, FL USA
Will try that route..someone told me small claims court?
Not sure if there is a time period to do this?

Jaime

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#450800 - 02/24/16 11:16 AM Re: Another agent stole my moms commission [Re: jaime arana]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7743
Loc: Vermont's North-East Kingdom
Don't tarry with regard to anything with the REALTORS® process; but if the Agent's Broker gets wind that you're filing a formal Grievance, you may get the missing money without further ado . . . . they don't want the trouble or the embarrassment. The Broker may give the Agent a "Talking To" and s/he'll cough up the money.

The Statute of Limitations for Small Claims Court varies from State to State; so if you have to go that route, call the Docket Clerk for the Small Claims Court at your County Courthouse . . . . it's probably 3 years; but the sooner, the better.
_________________________
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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#450847 - 02/26/16 06:49 AM Re: Another agent stole my moms commission [Re: Vermont]
jaime arana Offline
Junior Member

Registered: 02/24/16
Posts: 3
Loc: Miami, FL USA
thanks Vermon, my biggest concern i have is that since my mom is an elderly woman and wasn't aware of the referral form , she failed to get one done, but does have txt that can proof her conversations with this agent as well as a verbal agreement, and so does my sister who has been asking her about my moms commission (as it was my sister friend, the con artist realtor)

Thanks again for all those trying to help

Jaime

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#451232 - 03/12/16 12:34 PM Re: Another agent stole my moms commission [Re: jaime arana]
Tex Offline
Member

Registered: 02/11/14
Posts: 211
Loc: TX
Here locally in our small town atmosphere, when we "venture away" from procedures, such as counters without contracts, we back ourselves up with texts and emails. Then when the counters are over we finalize the contract. Luckily we have never had a problem, but the texts and emails are our documentation of intent.

Similarly, your mom's texts should be proof of the intent and enforcable.

And you may already know how to do this, but since you can't print a text, simply copy and paste the texts to an email to yourself, then the email can be printed.

I would print the texts and take them to the offending Realtor's Broker. Isn't that Broker technically the one responsible for the referral fee anyway, even though the Realtor made the offer to pay the referral?

Like Vermont said, they don't want any trouble. I bet that Broker will write you a check on the spot and take it up with their Realtor that put him or her on the spot later.
_________________________

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