certification letter from the Real
Estate Commission where the license was obtained (dated within six months)
Century 21 Volpe Realty v. Jhong Kim (231 A.D. 2d 667)- broker entitled to real
estate commission where seller entered into a valid and enforceable contract for sale of property and then willfully breached the agreement, causing the failure of the transfer of title to the property; agreement satisfies statute of frauds.
Not exact matches
In order for VOW operators to be in the position to offer the kind of
Commission savings, that have been promoted by the Competition Bureau within their pleadings — and why would they want to unless it was absolutely necessary — would it also not hold true that in a industry such as organized real
estate that is grossly oversaturated with members that VOW's would not only have to hurt some existing competitors, but would need to accomplish this to an extent
where the figurative wall will rise up and thus represent a literal «barrier to entrance» into the real
estate industry?
The Pataki
Commission can only justify this giveaway by totally ignoring research by the State's tax policy experts who, in the Department of Taxation and Finance's recent report on the
estate tax, concluded that «Migration studies regarding the impact of taxes such as the
estate tax have shown that taxes generally are not a major factor in the decision of
where to live or retire.»
UPDATE: Legislators also filed their own motion to quash Moreland
Commission subpoenas, in which they asserted the investigative panel has probed a coffee shop, the Monroe County Republican Committee and sought tenant information from legislator's real
estate enterprise as well as information on the 140,000 clients of a brokerage firm
where a legislator works.
And that's
where an experienced real
estate agent earns his or her
commission.
However, I'd also be inclined to deduct a notional real
estate commission from that price — whatever is normal and customary as far as a percentage
where you live.
The later works are a Peter Doig snow scene from 2001 - 02; Whiteread's maquette for her Trafalgar Square
commission in 2001 which was a resin cast of the plinth itself; the Hurvin Anderson oil painting Maracus 111 from 2004; a Conrad Shawcross maquette for his large - scale work Continuum, a three - metre - high sculpture
commissioned by the National Maritime Museum; and George Shaw's Ash Wednesday, 8.30 am from 2004 - 05, one of a number of Humbrol enamel paintings the artist has made over the years of the Coventry housing
estate where he grew up.
The «protectionist instincts» that I and others have are (1) to protect the independence of the bar (sure to be lost eventually under nonlawyer ownership), (2) to protect the health of the legal marketplace (sure to be badly harmed by the cartelization of ABS (see the 5 %
commissions charged by the cartel of real
estate agencies who still control the vast majority of the realty market, and especially see the ridiculously high costs of dealing with the American title insurance industry
where four companies have upwards of 87 % of the conveyancing and title insurance market after first decimating the real
estate bar with predatory pricing and other unfair business practices)-RRB-, and (3) to protect the public from those ravages.
In Scotland,
where there is no cartel of large real
estate agencies, the
commissions are 1.5 %.
And
where I wrote, «Some people who are quite enthusiastic about ABS», I meant... who were quite enthusiastic... Also, note that the individual real
estate agents are not to blame for the high
commissions.
Although there is a small segment of the market
where a real
estate agent is an employee of a company (usually a builder), the great majority of agents work on
commission and are, therefore, considered self - employed.
The
Commission submits that it is contrary to the guarantee of equality and prohibition of discrimination on the grounds of race, religion, language and ethnic origin
where the law regards that which is the sum of the relationship in the nature of title between indigenous people and the land as more readily destroyed by a paramount grant than the nearest full equivalent title (an
estate in fee simple) of non indigenous persons.
Definitely not a mirror image of how business is done in Canada,
where each province has its own RECO - like procedures (except Manitoba
where the Securities
Commission operates the real
estate business licencing / registrations).
At least that seemed the case on the Main Street of the recent Real
Estate Connect conference in San Francisco, where a CEO - heavy panel discussion of a business models that promised a showdown revealed more similarities than differences between the full - commission independent - contractor and the reduced - commission employee ways of selling real e
Estate Connect conference in San Francisco,
where a CEO - heavy panel discussion of a business models that promised a showdown revealed more similarities than differences between the full -
commission independent - contractor and the reduced -
commission employee ways of selling real
estateestate.
It works like this: A referral is given to a member Registrant who has signed up to receive referrals from the Real
Estate Marketing company, based on the defined neighbourhood that the Registrant prefer to service — The Registrant completes the listing documents as normal — The
commission amount offered to a buyer agent is established (which may or may not be the listing agent)-- The listing populates to MLS as well as the Marketing Companies website (
where the Registrant is given a parallel ad spot to encourage contact).
We may begin to see «staged»
commission rate structures — similar to commercial real
estate in Quebec —
where, say, seven per cent
commission could be charged on the first $ 100,000 of the sale, and then six per cent on the next $ 100,000 and five per cent on the remainder.
No real
estate firm in Canada is offering the separate and distinct program available through our List on MLS for $ 695 offering,
where a seller is given the tools and assistance they need without the need to pay thousands of dollars in
commission.»
«It's also important to note that in a typical real
estate transaction
where both the buyer and seller have representation, the seller pays the
commission to both brokerages.
Further, «
where a real
estate broker has an exclusive listing and has established that the property described in the listing agreement has been sold, a prima facie case is established for a
commission upon the entire sales price.»
In cases
where a real
estate broker / agent receives a
commission from the lender for the sale of a property owned by the lender (including an REO), individuals must only be licensed as a loan originator if they engage in the business of a loan originator.
Where else can someone who is working at unskilled things like serving tables, washing dishes, driving a delivery truck, working at an auto assembly plant or other factory, telemarketing at some boring office or who is otherwise working at any minimum wage job due to a lack of education and / or meaningful real - life experience etc., get to go to real
estate classes (hoping that a few months thereafter to be guiding uneducated consumers through the most expensive and most important financial transactions of their lives in trade for big fat
commissions) often with a minimalist education (maybe just scraped by at that after multiple attempts to pass grade ten or eleven) and expect to instantly be labelled a professional operative upon passing the real
estate courses» exams via penning memorized responses to forewarned - about - exam - questions by instructors who need to display a suitable passing percentage of students to keep their part - time teaching jobs?
After my high school graduation (
where I met my Georgia peach) I focus on real
estate, got my license, save enough
commissions to buy my first multi family at 19 yrs, after working as a slave on a few of my flips, and i again save enough to buy commercial real
estate cash in Norther NJ.
The mere fact that ORE does not make the use of these documents mandatory goes a long way toward explaining why the public views the real
estate profession as being less of a profession and more of a
commission chaser's playground
where there is no norm of professionalism.
Ross Kay says
commission earnings «have traditionally been a closely guarded secret in the real
estate industry, as have many other factors relevant to understanding
where the real
estate market is at any moment in time.»
Any
commission sales job offers its share of disappointment and rejection; but with real
estate,
where a single
commission can sometimes be a substantial portion of a salesperson's yearly income, that disappointment is magnified.
He says that in his opinion, the consent agreement led to «a rift between CREA and the real
estate boards; undue hardships on real
estate sales associates, a change in
commission structures that reduced or eliminated what I perceive as essential services to clients; the appearance of «mere listing» options
where the buyer's agents now have to take an extra step and negotiate their own
commissions with a seller prior to presenting the offer; and last but not least, the «opening» of the MLS information, which Realtors pay for, making it fully available to the public.»
Further, Michigan's real
estate statute defines an «independent contractor relationship» as a relationship between a real
estate broker and an associate broker or real
estate salesperson
where there is both a written agreement between the parties stating that the associate broker or real
estate salesperson is not considered an employee for federal and state income tax purposes and not less than 75 % of the annual compensation paid by the broker to the associate broker or real
estate salesperson is from
commissions from the sale of real
estate.
Yet, according to Atyeo, Public Works has not shown
where real
estate commissions are being spent.
Macdonald Realtors says its auction model is closely based on one used in Australia,
where statistics cited by the company show that auction sales generated 20 per cent of all real
estate agent income from property sales
commissions.
In order for VOW operators to be in the position to offer the kind of
Commission savings, that have been promoted by the Competition Bureau within their pleadings — and why would they want to unless it was absolutely necessary — would it also not hold true that in a industry such as organized real
estate that is grossly oversaturated with members that VOW's would not only have to hurt some existing competitors, but would need to accomplish this to an extent
where the figurative wall will rise up and thus represent a literal «barrier to entrance» into the real
estate industry?
If the price you «need» to get doesn't leave room for a real
estate agents
commission... you may need to look at selling the house FSBO or getting an offer from a local real
estate house buying company like us... to see if that gets you closer to
where you need to end up.
Moore & Moore Real
Estate v. Aloi (234 A.D. 2d 683)- non-jury trial judgment dismissing broker's complaint affirmed; broker not entitled to selling broker's
commission pursuant to multiple listing agreement offering
commission to broker who is the procuring cause
where there was no meeting of the minds between buyer and seller as to material issue (closing date); no credible evidence that sellers acted in bad faith; no evidence that purchaser had financial availability to complete the transaction.
American Corporate Real
Estate v. Lifetime Hoan Corp. (233 A.D. 2d 413)- broker not entitled to
commission where building ultimately purchased by buyer was not available for purchase when broker introduced buyer to building; under facts of the case, broker's allegation of oral exclusive broker's agreement is insufficient to warrant denial of buyer's motion for summary judgment.
Pantigo Realty, Inc. v.
Estate of Steven Schrenko (249 A.D. 2d 525)- summary judgment dismissing broker's complaint for
commission affirmed
where brokerage agreement specified that it was not an «exclusive right to sell,» that the broker was not entitled to a
commission until title to the property was transferred to a buyer procured by the broker and, further, that the seller has a right to sell without the involvement of the broker without liability for
commission; title never transferred to the proposed buyer procured by the broker.
Hagedorn v. Elwyn (229 A.D. 2d 654)- judgment of Supreme Court granting real
estate brokerage
commission affirmed; broker is procuring cause and there is a direct and proximate link between bare introduction of buyer and seller and consummation of the sale
where broker remained in contact with buyer over five month period, providing buyer with information relevant to the property; broker need not be present during negotiations, especially
where buyer and seller exclude broker from negotiations in an attempt to avoid paying
commission.
Real
Estate, Inc. (299 A.D. 2d 201)-- summary judgment dismissing complaint for breach of contract granted
where agreement between plaintiff and defendant plainly provided that plaintiff is not entitled to 10 % of defendant's
commission until defendant actually receives the
commission and defendant presented undisputed evidence that it had not received a
commission.
Kling Real
Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for
commission based upon two binder agreements fails
where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for
commission against buyer in second transaction
where sellers agreed to pay the brokerage
commission
Reiser, Inc. v. Roberts Real
Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to
commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements
where in effect; owner's claims of breach of fiduciary duty fail
where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment
J. Grotto & Assoc., Inc. v. Hiro Real
Estate Co. (271 A.D. 2d 360)- broker fails to demonstrate entitlement to a
commission where there is no meeting of the minds; counter-offer by proposed tenant to owner's proposed lease terms operated to terminate owner's original offer and rendered any subsequent acceptance of the original offer inoperative; broker may not recover in quantum meruit
where owner not unjustly enriched by broker's services
DiStefano v. Rosetti - Falvey Real
Estate, Inc. (270 A.D. 2d 631)- broker's cause of action survives motion to dismiss
where broker alleges that principal engaged in dealings directly with tenant's agent and that his principal waited until the exclusive listing agreement expired before leasing the property to the tenant in order to avoid paying the broker's
commission; bad faith exception
Corp. (184 A.D. 2d 763) verdict for balance of real
estate commission affirmed,
where broker procured 10 year lease pursuant to oral contract which was made after expiration of 1 year written exclusive agency agreement.
Williams Real
Estate Co., Inc. v. Ann Taylor, Inc. (251 A.D. 2d 230)- no basis upon which to seek a brokerage
commission where exclusive brokerage agreement did not contain a protection period and first substantive negotiations occurred a year and a half after expiration of the exclusive brokerage agreement; broker's claim for
commission against tenant fails
where exclusive brokerage agreement provides that broker would seek a
commission only from landlord of the premises; broker fails on procuring cause standard
where there is no evidence the broker brought the parties together on mutually agreeable terms; no evidence presented that tenant acted in any manner to deprive broker of a rightful
commission.
«We work with these people and develop relationships,» she said, noting that real
estate is an industry
where a single transaction will net thousands in
commission for the agent and potentially more clients later.
730 DOS 02 DOS v. New World Realty of New York, Inc. — availing of license; deposits; disclosure of agency relationships; duty to supervise sales associates; failure to pay judgment; proper business practices; DOS has jurisdiction
where disciplinary action was started while individual was licensed as an associate broker and was eligible to automatically renew at the time of the disciplinary hearing; salesperson owned voting stock in licensed corporate real
estate broker, failed to pay judgment and failed to present evidence of inability to do so, and engaged in unlicensed activity after license expired; representative broker availed corporate real
estate brokers license to salesperson; representative broker failed to properly supervise salesperson by permitting and authorizing salesperson to act as a real
estate broker; broker and salesperson failed to make agency disclosures and failed to deposit funds of principal in a special bank account; real
estate transaction conducted was a fraudulent business practice; DOS fails to prove the unauthorized practice of law; salesperson's license revoked and salesperson ordered to pay refund of $ 1,406.00 of illegal
commission collected; representative broker's license revoked and broker ordered to refund $ 74.00 of illegal
commission collected; representative broker fined $ 5,000.00
960 DOS 03 DOS v. Vazquez - deposits; unlicensed activity; duty to supervise sales associate; failure to cooperate with DOS investigation; failure to pay judgment; sanction; broker fails to reply to DOS's request for information; broker allows two individuals to work in association with brokerage without being properly licensed; broker fails to pay judgment; broker fails to return rental deposits in two transactions
where the rental was not consummated; broker fails to supervise sales associate and is accountable for monies received by salesperson and unaccounted for; in setting penalty, it is proper to consider licensees were found to have availed themselves of improper licensed real
estate salespersons and to have retained an unearned
commission; corporate broker's license and representative broker's license revoked and brokers ordered to pay restitution in the amount $ 7,725.00 and judgment in the amount $ 740.37
Sotheby's International Realty, Inc. v. Dunemere Assoc. Real
Estate (275 A.D. 2d 318)- co-broker entitled to
commission from listing broker
where written co-exclusive brokerage agreement was orally extended as confirmed by their sworn statements and conduct; listing broker obligated to pay reasonable attorney's fees to owner pursuant to indemnification clause in written listing agreement
Real
estate agents operate in an industry that has cyclical highs and lows
where pay is driven by
commissions, thus role stress can be quite high.
4 DOS APP 02 Matter of DOS v. Hecht - business practices;
commissions; broker's past acts can not be used against him as evidence of repeated misconduct on a charge of illegal business practices
where such conduct is being now first reviewed for untrustworthiness; charging fees in excess of professional norms, absent a showing of unique services offered above and beyond those services normally rendered by a real
estate broker, demonstrates untrustworthiness; broker's current
commission rates are far in excess of rates established by custom and usage; ALJ's decision modified, license suspended until one month after broker refunds amount in excess of rates established by custom and usage
The state and county license fees for selling, buying or renting real
estate on
commission is based on
where the real
estate license is located.