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  #1  
Old 12-04-2005, 03:57 PM
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Join Date: Dec 2005
Posts: 6
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Realtor Has Questions


What is the name of your state? Kentucky

I'm not sure I'm in the right forum here but it fit better than the other:

I'm a realtor. I joined up with another realtor, my mom's best friend. We verbally agreed to work together 50/50 on getting listings, expenses, and commissions. It was her idea.

To confirm it was a joint listing we set up a MLS(mulit lising number) with the board of realtors with both of our names. We each get one when we become a realtor but we setup a joint one, so that when other realtors looked at our listings they would know they could call either of us for showings or other information.

We started our venture and listed homes left and right. All was well. THEN: We got a listing for a $500,000 home and a $899,999 home all in the same week and things started to change.

She's not very computer savvy, ok she won't touch the keys of a typewriter let alone a computer.

On these two house I was there for the listings, both our names were on the listing agreements.

The $500,000 home first: I did the pamphlets, very professional looking. Printed on photo paper, bound, loaded with pictures and information. Costing me about $4.00 each and I made up about 20 of them to leave at the house. I also did a virtual tour, took all the pictures, put it together, uploaded it, the works. Went and put up the sign that had both of our name riders hanging from it. I was thinking all was well and was so excited. She was excited as well, and loved all the work I had done, saying how great it looked and mine looked better than any realtor in town.

During this time we have a few other houses still on the market that had not sold yet. Some of our listing had sold and all was well, 50/50 all the way.

One listing she did absolutely nothing on, the only contact she had with the sellers is a day we had gone to list it. However this was a friend of mine and I had already done most of the work, taken the pictures, etc. But the listing contract had not been signed. Again, I'm thinking all is well. I went to the house, staged it so that it didn't look so empty. Had open houses every weekend etc. She was never back in the house. It sold in 2 weeks. I gave her 50% of the commission as we had agreed, thinking she would reimuburse me 50% of all my expenses out of her commission. She didn't.

Suddenly I started hearing a change in her voice, and I saw the secretary at the front desk redoing a few of those pamphlets I had done for the $500.000 home. All she was doing was putting this realtors picture first, then mine second. I hadn't put her's first because the way they were taken it would have put our backs facing each other and I felt that didn't reflect well to the sellers or any potential buyers.

It hurt my feelings but I let it pass, thinking she was just uptight since this was a pretty big listing for our area. Plus she was my mom's best friend and had been for several years.

One week I was sick and my partner and I had a listing appointment, (for a $400,000 home) but she told me to stay home and take care of myself and she would just sign my name to the listing agreement. I had done this once for her when she was out of town so I thought nothing of it.

She called me later, said she had it taken care of and asked me if I was feeling better the next day if I would take the sign over to this house and put it up. I did and it too had both our name riders on it.

It was a couple of days later before she got the actual papper work into the office. I looked at the paper work and my name was no where to be seen. The secretary is the one who puts all listings into the MLS at the Board of Realtor. I looked online and saw that this listing was not in both our names, not listed with our joint number, just hers. I was shocked!

It just so happened her and my mom were having coffee that day and I called my mom and told her about it. She immediately asked her about it. This Realtor told my mom that most certainly my name was on the listing, to just check the computer. When my mom told her that the computer had been checked, she said, "well, she hadn't met these people anyway", when my mom confronter her that she had told me to stay home since she was sick and my mom knew she had told me she was going to sign my name on it, the realtor/mom's friend said, "well, she will get a referral fee." That was the moment of truth, she had no intentions of putting my name on the listing agreement and had purposely convinced me I was too sick to be out.

The house sold in a couple of week. A day or two after it sold the seller wanted the sign down. They had called the office. The secretary came back and told me they wanted it down so I went over and took it down. I'm still holding up my end of the deal.

When this house closed I got a mere $300, referral fee. No 50/50.

After the confrontation with my mom and her, we no longer spoke. All things we need to talk about were done via voice mail. No, my mom and her no longer speak either.

Now the $500,000 house closed last week. The one I did all the work on and the virtual tour etc. Remember this house was listed on our joint MLS. I went into my office and found a check. It was just another referral fee!!!!

I couldn't go to the company Broker to complain, she has been friends with this realtor for 20+ years.

Do I have any legal recourses I can take here?

If I were to sell the $899,999 house we still have listed together, can I just give her a referral fee? She has done nothing on this house as well. I've done all the showings, had a realtor open house with a luncheon and other things. She's not been out to this one other than the day it was listed and one other time.
  #2  
Old 12-04-2005, 04:59 PM
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Join Date: Sep 2004
Location: Pittsburgh (North Hills)
Posts: 1,572
I'm a realtor. I joined up with another realtor, my mom's best friend. We verbally agreed to work together 50/50 on getting listings, expenses, and commissions. It was her idea.

Remind her of this. However, as you know, with verbal agreements details can be forgotten over time.

Personally, its looks as if you are doing most of the work. If you choose to continue to work with her, you should get a partnership agreement in writing so that there is no misunderstanding as to how commissions are handled and how the "labor" is distributed. IMO, you would be better off on your own and possibly hire an assistant when needed.

(on the side: the word "Realtor" is always capitalized)
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  #3  
Old 12-04-2005, 09:35 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by BassettLover
What is the name of your state? Kentucky

I'm not sure I'm in the right forum here but it fit better than the other:

I'm a realtor. I joined up with another realtor, my mom's best friend. We verbally agreed to work together 50/50 on getting listings, expenses, and commissions. It was her idea.

To confirm it was a joint listing we set up a MLS(mulit lising number) with the board of realtors with both of our names. We each get one when we become a realtor but we setup a joint one, so that when other realtors looked at our listings they would know they could call either of us for showings or other information.

We started our venture and listed homes left and right. All was well. THEN: We got a listing for a $500,000 home and a $899,999 home all in the same week and things started to change.

She's not very computer savvy, ok she won't touch the keys of a typewriter let alone a computer.

On these two house I was there for the listings, both our names were on the listing agreements.

The $500,000 home first: I did the pamphlets, very professional looking. Printed on photo paper, bound, loaded with pictures and information. Costing me about $4.00 each and I made up about 20 of them to leave at the house. I also did a virtual tour, took all the pictures, put it together, uploaded it, the works. Went and put up the sign that had both of our name riders hanging from it. I was thinking all was well and was so excited. She was excited as well, and loved all the work I had done, saying how great it looked and mine looked better than any realtor in town.

During this time we have a few other houses still on the market that had not sold yet. Some of our listing had sold and all was well, 50/50 all the way.

One listing she did absolutely nothing on, the only contact she had with the sellers is a day we had gone to list it. However this was a friend of mine and I had already done most of the work, taken the pictures, etc. But the listing contract had not been signed. Again, I'm thinking all is well. I went to the house, staged it so that it didn't look so empty. Had open houses every weekend etc. She was never back in the house. It sold in 2 weeks. I gave her 50% of the commission as we had agreed, thinking she would reimuburse me 50% of all my expenses out of her commission. She didn't.

Suddenly I started hearing a change in her voice, and I saw the secretary at the front desk redoing a few of those pamphlets I had done for the $500.000 home. All she was doing was putting this realtors picture first, then mine second. I hadn't put her's first because the way they were taken it would have put our backs facing each other and I felt that didn't reflect well to the sellers or any potential buyers.

It hurt my feelings but I let it pass, thinking she was just uptight since this was a pretty big listing for our area. Plus she was my mom's best friend and had been for several years.

One week I was sick and my partner and I had a listing appointment, (for a $400,000 home) but she told me to stay home and take care of myself and she would just sign my name to the listing agreement. I had done this once for her when she was out of town so I thought nothing of it.

She called me later, said she had it taken care of and asked me if I was feeling better the next day if I would take the sign over to this house and put it up. I did and it too had both our name riders on it.

It was a couple of days later before she got the actual papper work into the office. I looked at the paper work and my name was no where to be seen. The secretary is the one who puts all listings into the MLS at the Board of Realtor. I looked online and saw that this listing was not in both our names, not listed with our joint number, just hers. I was shocked!

It just so happened her and my mom were having coffee that day and I called my mom and told her about it. She immediately asked her about it. This Realtor told my mom that most certainly my name was on the listing, to just check the computer. When my mom told her that the computer had been checked, she said, "well, she hadn't met these people anyway", when my mom confronter her that she had told me to stay home since she was sick and my mom knew she had told me she was going to sign my name on it, the realtor/mom's friend said, "well, she will get a referral fee." That was the moment of truth, she had no intentions of putting my name on the listing agreement and had purposely convinced me I was too sick to be out.

The house sold in a couple of week. A day or two after it sold the seller wanted the sign down. They had called the office. The secretary came back and told me they wanted it down so I went over and took it down. I'm still holding up my end of the deal.

When this house closed I got a mere $300, referral fee. No 50/50.

After the confrontation with my mom and her, we no longer spoke. All things we need to talk about were done via voice mail. No, my mom and her no longer speak either.

Now the $500,000 house closed last week. The one I did all the work on and the virtual tour etc. Remember this house was listed on our joint MLS. I went into my office and found a check. It was just another referral fee!!!!

I couldn't go to the company Broker to complain, she has been friends with this realtor for 20+ years.

Do I have any legal recourses I can take here?

If I were to sell the $899,999 house we still have listed together, can I just give her a referral fee? She has done nothing on this house as well. I've done all the showings, had a realtor open house with a luncheon and other things. She's not been out to this one other than the day it was listed and one other time.

**A: you are a Realtor. Did you forget contract law and agreements being in writing? I suggest you start now or end your lame business relationship.
By the way, if you and her are not principal brokers, your agreements are not enforceable as it is contrary to licensing law.
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