Elliott, another agent and I wrote a contract for a four family home. Both the buyer and seller were at the table, both signed the contract and both took a copy home with them.

I got a call from one attorney who said, as agents, we could not write a contract for four family and that he would write a new contract.

It’s now been two weeks, I have gotten no attorney review letters, or a new contract.

My question is do we have a valid contract?

Insurance Broker in a post card mailing says:

“Bind Coverage Immediately!
R.E. Agent receives $25 referral fee! Max allowable by Current Insurance Law
Priority status for your clients quotes”

I would appreciate clarification on advertised office phone numbers. Here is my take on office phone numbers and advertising. Am I understanding this phone number advertising criteria correctly?

The only numbers that can be advertised on signs and in ads are phone numbers owned and paid for by the broker. When a customer calls one of these advertised numbers they must have the option to speak with the broker of record if they wish to. Example in voicemail: “Press zero to reach the front desk.”

Broker paid for numbers cannot be forwarded to cell phones. Intent is to be able to have the customer be able to reach the Broker of Record if necessary when calling an advertised number.

The situation is that a listing agent introduced a property to a client at an open house they were holding.

The listing agent has a substantial email trail proving that they introduced the property to the client and had built and maintained a relationship with the client. This relationship went on for some time and many discussions, including pointing the client in the right direction to get their financials together.

When the discussion of disclosed dual agency came up, the client suddenly had a “friend” in real estate and went to this “friend”, who was out of the country while the listing agent introduced the property to the client, to write up the contract.

It turns out that the “friend” had never shown the client any other properties and, to the best of my understanding, was not working with them. The listing broker and supposed broker for the “friend’s” company had a verbal agreement that the selling end of the commission would be split equally.

It turned out that the supposed broker was not the actual broker for the other company. When the actual broker found out about the situation, the equal split agreement was taken off the table and they demanded the full commission.

In the best interest of the client, the listing agent and broker allowed the deal to close and kept the selling end of the commission in escrow until this dispute was settled. Now the other broker wants to arbitrate the remainder of the commission.

My question is, when the arbitration board reviews a commission dispute, which is more important; who procured cause for the sale or who actually wrote up the contract?

If a customer cheats (he has a listing with 2 realtors), the listing sells to a buyer represented by another agent, refuses to pay the listing commission to me, we sue in Court and we win. Can the agency legally take out the outside counsel legal fees from the commission before it splits it.

I read the employment agreement, and it clearly states that marketing expenses and other expenses are paid from the commission. I understand that, but there isn’t any mention of legal fees. What are your thoughts on this subject?

If I have a signed listing agreement in my hand but I have not put the property in the MLS yet can I put a sign on the prop? I had a draft in the MLS went to the property to get agreement signed and put the sign up before I left I was told I couldn’t do that because it wasn’t in MLS yet. I didn’t think I did anything wrong because I had the signed listing agreement.

I think you would know the answer to this question. When a referral fee is calculated, it is taken off the full commission of either the seller’s or lister’s end, not just the agents portion, right?

Please clear this up for us. Hope everything is good with you. Thanks.

I represent a buyer who was already out of attorney review and the seller’s attorney has tried to void our contract and accept a contract for another buyer.

In addition he has deposited our deposit monies of $19,000 into his trust account.

My buyer has initiated suit claiming specific performance against the sellers and has filed a lis pendens on the property.

Is there any action regarding commission dispute I can file until this litigation is settled?

I have a relative you listed their home with a Realtor up north. They are VERY unhappy with them and want out.

Since I went to school YEARS ago I learned that a listing agreement is an agreement not a contract and can be canceled by the seller at any time. I think they had to give the agency a certain amount of time notice like maybe 30 days?

Anyway, this agency is refusing to release her and is being very rude in the bargain. Have I given outdated advice? Does my relative have any recourse?

Doing an open house today a couple came in and signed in.  I began to explain disclosed dual agency and had CIS statements there.  He yelled at me, he left and called my manager.

He told my manager that  he was at another open house and they didn’t have those papers there.  My manager told him I was doing the right thing and that the agent at the other open house was in violation of the law.

He says that he’s calling the Real Estate Commission to report me.