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Can a Broker do this

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jm4466

Junior Member
Nevada

My wife attended Real Estate School and passed her Agent exam. The company she signed on with had her sign an agreement for a 50/50
split of commissions on her first three sales up to $15,000. Before she even received her license a friend of mine asked her to become his agent
and assist him in buying his first home. At the same time, our daughter decided to sell her condo and to help her mom out, she gave her the listing.

Being new to Real Estate and not knowing what to do, my wife was assigned one of two "coaches" working in the office to assist her with both transactions.
It is their sole jobs and what their company advertises when they are trying to solicit new agents. So on Monday my wife goes into the office and her coach
somehow manages to take the entire day without getting my daughter's home listed on the MLS. I asked my wife what was taking so long and she said
that the coach never really accomplishes anything throughout the day. She gossips with other employees, takes breaks, etc. Not wanting to rock the boat
my wife returns the next day to more of the same. The coach goes to the groomers to pick up her dog all the while my wife is waiting patiently in the office
with no one else assisting her. This goes on for four days until the home is finally listed on a Thursday.

On Friday my wife's other client, the first time home buyer has a meeting planned at 10 am to look at homes. My wife goes into the office early to ask for
assistance and the Office manager tells her the he is currently in a meeting with his two coaches. She tells him that she does not know how to retrieve
the home listings and he barks at her "then maybe you should call your client and cancel." The client was in his car five minutes away and now my wife
embarrassingly must call him to cancel. How unprofessional.

My wife returns home very disenchanted and decides to call the company manager. She tells him what transpired and that since the listing from our daughter
is less than 24 hours old can he just release it and her from his company? He says that he'll set up a meeting with her, the office manager and the coaches
on Monday. When my wife arrives on Monday it is only her and the company manager. He tells her that he is releasing her but has to take a day to decide
what to do about the listing. But he will be very fair.

The next day he doesn't call so my wife contacts him. He says that his company spent a lot of time with my wife and so he will release the listing if my daughter
sells by owner but if the home is listed with any other broker he demands a 30% referral fee. My wife objected but he is standing firm. I understand that she can
wait 6 months for the listing to expire but why should she have to? My daughter receive horrible service my this company and my wife was mistreated. She is
not on a salary. Everyday that she wasted in that office was at her expense. Not to mention the other client and his treatment.

Does anyone have any advice on how to eliminate this referral fee? Can you even charge one if you made no referral? Is there anything my daughter can do?

Thank you in advance
 


Whoops2u

Active Member
About 15-20 years ago in my state, it was all the rage for brokers to put on classes for people to become agents. The theory was EVERYONE has at least one person they know who will buy or sell a house and the broker wanted in. Getting one signature on the dotted line was as good as cash.

I've never seen a Realtor give up a listing for nothing.
 

adjusterjack

Senior Member
Does anyone have any advice on how to eliminate this referral fee? Can you even charge one if you made no referral? Is there anything my daughter can do?
Probably not. I can almost guarantee that there is something in the listing contract that protects the broker and not your daughter. Read it or have a lawyer read it.

Same goes for the agreement that your wife signed. She may also have some residual financial obligations to the broker.

I've never seen a Realtor give up a listing for nothing.
You got that right.
 

FlyingRon

Senior Member
Understand a Nevada Real Estate Salesperson has no authority to work other than for a licensed broker. Daughter's agreement is with the brokerage not your wife.

But as stated, you just being unhappy with the brokerage doesn't give you any justification for canceling the listing. Yes, the commission is due even if someone else brings in the buyer. They are more than gracious allowing a FSBO. Yes, it sucks that sometimes a brokerage gets a fee for doing very little.

You have two options, if there has been some actual malfeasance by the brokerage, you can try a formal complaint. Or you can wait out the term of the listing (it shouldn't typically be more than 90 days).
 

justalayman

Senior Member
About 15-20 years ago in my state, it was all the rage for brokers to put on classes for people to become agents. The theory was EVERYONE has at least one person they know who will buy or sell a house and the broker wanted in. Getting one signature on the dotted line was as good as cash.

I've never seen a Realtor give up a listing for nothing.
I’ve seen a broker , being a Realtor being irrelevant suspend a listing but I don’t recall any cancelling the contract.
 

justalayman

Senior Member
Understand a Nevada Real Estate Salesperson has no authority to work other than for a licensed broker. Daughter's agreement is with the brokerage not your wife.

But as stated, you just being unhappy with the brokerage doesn't give you any justification for canceling the listing. Yes, the commission is due even if someone else brings in the buyer. They are more than gracious allowing a FSBO. Yes, it sucks that sometimes a brokerage gets a fee for doing very little.

You have two options, if there has been some actual malfeasance by the brokerage, you can try a formal complaint. Or you can wait out the term of the listing (it shouldn't typically be more than 90 days).
I’ve never signed a 90 day listing. 6 months was standard for residential and 6-12 months was typical for a commercial listing.
 

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