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Broker got fired from his agency

Started by commoner
about 15 years ago
Posts: 197
Member since: Apr 2010
Discussion about
Meanwhile the deal isn't closed. Is there a new formula for commissions, or him being fired doesn't matter? And how is the money processed now that he's a free agent?
Response by tina24hour
about 15 years ago
Posts: 720
Member since: Jun 2008

Call the sales manager for his office to inquire. It should not be a problem for you. Are you in contract?
Tina
(Brooklyn broker)

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Response by front_porch
about 15 years ago
Posts: 5321
Member since: Mar 2008

Technically a person is not functioning as a "broker" -- the "broker" on the deal is the firm itself. If you're the seller, your listing agreement is with the firm, and it still holds, and the firm will appoint a new agent to sell your apartment. when it closes the firm will probably pay the old agent some part of the commission, but not as full a split as he would have earned if he hadn't left.

If you're a potential buyer, you will be dealing with a new representative of the firm, but the change should not affect you in any way.

ali r.
DG Neary Realty

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Response by Apt_Boy
about 15 years ago
Posts: 675
Member since: Apr 2008

Porchy...so when you say

"but the change should not affect you in any way."

are you implying that all brokers are the same, essentailly interchangable, one not providing anything different than the next?

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Response by commoner
about 15 years ago
Posts: 197
Member since: Apr 2010

Thanks to all.
Question to brokers: what could possible be the reason for a broker to be fired? Anything I should be weary about?

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Response by commoner
about 15 years ago
Posts: 197
Member since: Apr 2010

weary=wary

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Response by Apt_Boy
about 15 years ago
Posts: 675
Member since: Apr 2008

Reasons:

1) Sexual misconduct
2) Violating Company or RE Board rules
3) Stealing
4) Lying (but that is redundant for a broker)
5) Spending too much time on SE

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Response by commoner
about 15 years ago
Posts: 197
Member since: Apr 2010

The only issue I'd worry about is abusing the private information, i.e. harming and antagonizing a client. Ali, am I right?

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Response by lucillemissSE
about 15 years ago
Posts: 176
Member since: Nov 2010

Apt_Boy
24 minutes ago
ignore this person
report abuse Reasons:

1) Sexual misconduct
2) Violating Company or RE Board rules
3) Stealing
4) Lying (but that is redundant for a broker)
5) Spending too much time on SE

or a personal conflict with a co woker who holds more clout? or the broker dared refuse a naughty offer from his/her predator boss? or the broker is a pretty young woman who has a life and the boss is a mean old bullying hag?

front porch is just answering a question posed to the board, not promoting a listing or commenting on the market, there is nothing to argue. as much reason as there is to dislike people who treat sepataring people from their life savings like it's nothing, the "out" brokers here are real people, we know their names, this is their livelihood. wtf is your problem?

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Response by lucillemissSE
about 15 years ago
Posts: 176
Member since: Nov 2010

aargghh

are we going to see a spellcheck app for the human brain before it's possible to add that to a message board?

pretty pretty pleeeeease???

http://www.dailymail.co.uk/sciencetech/article-1346900/The-app-read-mind-iPhone-brainwave-detector-matter-time.html

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Response by front_porch
about 15 years ago
Posts: 5321
Member since: Mar 2008

Thanks Lucille for having my back.

The broader point to take away here is that you hire a firm as well as an agent, and that's worth thinking about when you sign a listing agreement.

commoner, I've never been fired from a brokerage, so I can't speculate on why it would happen. What does the agent say?

ali r.
DG Neary Realty

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Response by rb345
about 15 years ago
Posts: 1273
Member since: Jun 2009

If the firing were done in bad faith or without justification the outgoing agent
might have a claim for a full commission under the legal principle stated in
Rachmani v. 9 East 96th Street Owners Corp. (Manhattan appeallate court): if
you act wrongfully to prevent a real estate agent from receiving what they would
otherwise be entitled to, they still are.

Discuss situation with your attorney and make sure you're protected vs. commis-
sion claim by discharged agent.

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Response by commoner
about 15 years ago
Posts: 197
Member since: Apr 2010

ali, he doesn't say much, that's the problem. Just "I'm no longer with ..." I don't care one way or another because the closing is all set.
Could it be that he was just "retrenched" because of some belt tightening in the brokerage?

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Response by kharby2
about 15 years ago
Posts: 279
Member since: Oct 2009

Salespersons (a.k.a. "brokers") are independent contractors under the law. They are freelances who work under the supervision of the brokerage firm that holds their license during their contract.

By law a brokerage firm must release a salesperson when they want to leave for another firm. I've forgotten what the exact expected compliance time is, but it's measured in a few days.

ALL the contracts salespersons have (BTW that includes "associate brokers") with sellers and buyers belong to the firm, not to the salesperson.

The timing may be inconvenient for you, and I'm sorry if you feel abandoned in some way. But for busy brokers, who have deals in various stages of completion, there may never be a really good time to make a change of brokerage firm.

You will not get a discount because the salesperson is moving to another firm or quitting the business, and in that sense, the move has no effect on you. I disagree with rb345, who implies you have something to worry about regarding commission claims, but it never hurts to ask your attorney anything, and I'm sure you'll do so.

Karla Harby
Rutenberg Realty NYC
kharby@crrnyc.com

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Response by commoner
about 15 years ago
Posts: 197
Member since: Apr 2010

What exactly is an ""associate brokers"?

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