The amount of real estate commissions pursuant to § 1026.38 (g)(4) must be the total amount paid to any real estate brokerage as a commission, regardless of the identity of the party holding any earnest money deposit.
In response to the comments regarding the real estate brokerage commissions, the Bureau also is adopting comment 38 (g)(4)-4 to clarify that the total
amount of the real estate commission charged by any real estate brokerage must be disclosed under § 1026.38 (g)(4), regardless of the identity of the party that may hold any earnest money deposit.
Thus, the Closing Disclosure would not record the entire
amount of the real estate commission paid by the seller in the event the real estate brokerage retained the deposit as part of its commission.
Not exact matches
Rich Uncles believes that with the ease and transparency
of the internet, the company can deliver a
real estate product that has roughly 10 % more
of the investment
amount actually being invested in
real estate rather than being paid to others in the form
of commissions and reimbursements.
Examples
of these risks, uncertainties and other factors include, but are not limited to the impact
of: adverse general economic and related factors, such as fluctuating or increasing levels
of unemployment, underemployment and the volatility
of fuel prices, declines in the securities and
real estate markets, and perceptions
of these conditions that decrease the level
of disposable income
of consumers or consumer confidence; adverse events impacting the security
of travel, such as terrorist acts, armed conflict and threats thereof, acts
of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread
of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment
of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary
amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion
of our assets pledged as collateral under our existing debt agreements and the ability
of our creditors to accelerate the repayment
of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss
of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price
of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times
of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability
of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange
Commission.
A standard form itemizing all
of the monies paid at closing, including
real estate commissions, loan fees, points, and initial escrow
amounts.
If you sell now for $ 500,000, (Assuming that you can, and ignoring
real estate commissions and other selling expenses, and pretending that you still owe the bank the full
amount of the original $ 200,000 loan.)
This case involved a claim by a
real estate agent against his former
real estate brokerage for unpaid
real estate commissions in the
amount of $ 60,000.
Background This case involved a claim by a
real estate agent against his former
real estate brokerage for unpaid
real estate commissions in the
amount of $ 60,000.
The costs
of buying and selling a home include
real estate commissions, lender fees and closing costs that can
amount to more than 10 percent
of the sales price.
2 / Mr. Pecman, is it also not true that in the current competitive
real estate market there are service product options that could be perceived, by a certain number
of Registrant's (REALTOR's) who seek to be paid a particular
amount of commission, as already akin to being inclusive
of rebates or discounts in excess
of 50 percent?
In September, the association publicly recognized Sen. Kevin Ranker as the organization's 2011 REALTOR ® Legislative Champion for his role as the prime sponsor
of legislation that rejected a federal department
of revenue interpretation
of tax statutes requiring offices to pay business and occupation tax on other
real estate offices»
commission amounts; it meant taxing a portion
of real estate commissions twice.
Gross closed
commission income: The total
amount of commission income a
real estate sales agent or broker receives from closed transactions.
is there a reason you guys do nt want to be a husband and wife
real estate team I can see a HUGE
amount of commissions you are missing out on while trying to do what is basically the toughest thing in the industry to do..
The motivation for the (losers) to become realtors in the first place is the ludicrous
amounts of commission paid to a realtor for a
real estate transaction!
Whether a
real estate practitioner charges a higher or lower
amount of commission shouldn't be automatically correlated to a successful consumer experience.
What the grand old system
of churning out dues paying,
commission seeking «licensed»
real estate sales people
amounts to is the equivalent
of a sixteen - year - old passing a written test to acquire a driver's license, without the benefit
of actually learning how to drive a vehicle safely and responsibly, because he / she has never been behind the wheel when the motor was actually running, and then being allowed to hop right into a 750 horsepower, 300 kilometer per hour race car, immediately being encouraged to hit the track (no practice laps) pedal to the metal, racing for the glory, the crown, and the prize money, along with the mostly other hacks who are clogging up the track.
Louisiana since has changed its statute, eliminating the residency and reciprocity requirements, and the
real estate commission has eliminated the mandatory 50 % or more payment, providing instead that the
amount of fees and
commissions due a Louisiana broker from an out -
of - state broker is negotiable between the parties.
The Seller sought the total
amount of the judgment as well as the return
of the
real estate brokerage
commission.
A California appellate court has considered whether a lower court properly dismissed a class action lawsuit filed against
real estate brokerage firms over their collection
of a «document preparation fee» in addition to their
commission amount.
The
real estate transaction closed, and the Brokerage retained the entire
amount of the escrowed funds as its
commission.
In this case, the seller's brokerage agrees to share a specified
amount of the
commission with any other member
of the
real estate board who is able to find a buyer for your home.
L.B. Kaye International Realty Commercial Svcs., Inc. v. 100 Varick Realty (15 A.D. 3d 176) judgment awarding plaintiff
real estate broker damages in the principal
amount of $ 133,761.00 affirmed; appellate court does not disturb trial court's finding that defendant intentionally excluded broker from exercising the exclusive leasing rights it obtained under the brokerage agreement thereby entitling broker to full
commission when defendant leased the premises covered by the agreement on its own.
287 DOS 98 Matter
of DOS v. Uqdah Realty & Management Corp. — deposits; jurisdiction; fraudulent practices; failure to pay judgment; vicarious liability; notary public; disclosure
of agency relationship; broker violated 19 NYCRR 175.1 when he deposited escrow funds into his operating account; broker committed conversion when his operating account fell below deposit
amount; broker engaged in fraudulent practices when he illegally retained buyer's trust funds and attempted to qualify prospective buyer for mortgage by falsely stating their employment; broker failed to disclose his agency relationship to his client; failure to pay judgment; corporate
real estate broker vicariously liable and charged with actual knowledge
of violation
of law because
of representative broker's cognizant misconduct as corporate officer; broker is not required to deposit a refundable
commission in an escrow account unless contractually demanded; corporate broker and representative broker's license revoked; restitution
of deposit
of $ 12,000 plus interest; notary public
commission revoked based on misconduct as a
real estate licensee
594 DOS 01 DOS v. Walker - deposits; failure to appear at hearing; failure to pay judgment; failure to cooperate with DOS investigation; notary public; proper business practices; broker commingles funds by placing deposits in operating account; broker allows escrow account to be overdrawn on numerous occasions; broker uses deposit for separate, unrelated business investment; broker fails to pay judgment without presenting an explanation or excuse for failure to pay judgment; broker fails to cooperate with DOS investigation by failing to respond to and comply with letter directing him to appear for a conference and to provide certain documents; broker fails to notify DOS
of new address upon closing office; DOS fails to prove that salesperson improperly held herself out to be
real estate broker associated with corporate broker, that the broker made misrepresentations to the purchasers regarding payments they were required to make toward the purchase, that some checks were returned for insufficient funds, that the broker failed to make certain required payments, that the broker properly failed to make certain other deposits and that the broker gave a postdated deposit check which could not be cashed due to insufficient funds; representative broker's and corporate broker's licenses revoked, return
of deposits in the
amount of $ 400.00 and $ 3,173.83 ordered with interest, civil judgment to be fully satisfied; salesperson fined $ 1,000.00 and notary
commission suspended for four months
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
Note that regardless
of the length
of the class (4 hours, 8 hours, 12 hours, etc), the maximum
amount of credit that will be rewarded by the NC
Real Estate Commission for one class is 4 hours.
While thousands
of real estate professionals are spending inordinate
amounts of time and money on social media and social media conferences, many HomeGain members across the country continue to quietly earn
commissions through their memberships with HomeGain,» stated Louis Cammarosano, General Manager at HomeGain.
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
79 DOS 99 Matter
of DOS v. Pagano - disclosure
of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice
of law; unearned
commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof
of proper service; DOS has jurisdiction after expiration
of respondents» licenses as acts
of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions
of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half
of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part
of the deposit when broker did not earn a
commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice
of law in preparing contracts for purchase and sale
of real estate which did not contain a clause making it subject to the approval
of the parties» attorneys and were not a form recommended by a joint bar /
real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms
of the listing agreement to include a higher
commission; broker demonstrated untrustworthiness and incompetency in using contracts
of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit
amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned
commission and filing affidavit
of entitlement for unearned
commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope
of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof
of payment
of sum
of $ 2,000.00 plus interests for deposits unlawfully retained
The Sellers stated that the paid
commission was 84 %
of the
commission amount sought and the
real estate was only 81 %
of the purchase price.
In the event a winning Bidder and or Buyer fails to submit the signed Contract for Sale
of Real Estate and earnest money deposit, the winning Bidder and or Buyer shall pay to John Roebuck Auctions, as damages, an
amount equal to the Buyer's premium or
commission percentage, as set forth in said Contract, and any and all expenses incurred by the said John Roebuck Auctions, for said auction.
Commission: an
amount, usually a percentage
of the property sales price, that is collected by a
real estate professional as a fee for negotiating the transaction..
You know the one that begs the question that «high»
commissions paid to
real estate professionals don't correspond to the actual
amount of work done on the client's behalf.
ReferralExchange.com shall, within a reasonable period
of time following receipt
of the applicable
Commission, promptly pay to Referring Agent an amount equal to a maximum of twenty - five percent (25 %) of the gross referred side commission calculated on a minimum of two percent (2 %) gross sale price prior to any allocation of a payment to another party (including but not limited to any split between Agent and Agent's broker and any referral fee payments to other third parties), or up to a maximum of seventy - one and four - tenths of one percent (71.4 %) of the amount actually received and recognized by ReferralExchange.com, after each of the following have occurred: (a) the Customer referred by Referring Agent becomes part of ReferralExchange.com's referral network, (b) such Qualified Customer completes a Qualified Transaction, and (c) such Qualified Transaction results in a Commission paid to ReferralExchange.com; provided, however, that ReferralExchange.com shall not be required to make any payment to Referring Agent if Referring Agent is in breach of these Agent Terms at the time of such payment, or if such payment is prohibited by law, including but not limited to instances in which Referring Agent is not an actively licensed real estate sales agent or broker at the time payment is t
Commission, promptly pay to Referring Agent an
amount equal to a maximum
of twenty - five percent (25 %)
of the gross referred side
commission calculated on a minimum of two percent (2 %) gross sale price prior to any allocation of a payment to another party (including but not limited to any split between Agent and Agent's broker and any referral fee payments to other third parties), or up to a maximum of seventy - one and four - tenths of one percent (71.4 %) of the amount actually received and recognized by ReferralExchange.com, after each of the following have occurred: (a) the Customer referred by Referring Agent becomes part of ReferralExchange.com's referral network, (b) such Qualified Customer completes a Qualified Transaction, and (c) such Qualified Transaction results in a Commission paid to ReferralExchange.com; provided, however, that ReferralExchange.com shall not be required to make any payment to Referring Agent if Referring Agent is in breach of these Agent Terms at the time of such payment, or if such payment is prohibited by law, including but not limited to instances in which Referring Agent is not an actively licensed real estate sales agent or broker at the time payment is t
commission calculated on a minimum
of two percent (2 %) gross sale price prior to any allocation
of a payment to another party (including but not limited to any split between Agent and Agent's broker and any referral fee payments to other third parties), or up to a maximum
of seventy - one and four - tenths
of one percent (71.4 %)
of the
amount actually received and recognized by ReferralExchange.com, after each
of the following have occurred: (a) the Customer referred by Referring Agent becomes part
of ReferralExchange.com's referral network, (b) such Qualified Customer completes a Qualified Transaction, and (c) such Qualified Transaction results in a
Commission paid to ReferralExchange.com; provided, however, that ReferralExchange.com shall not be required to make any payment to Referring Agent if Referring Agent is in breach of these Agent Terms at the time of such payment, or if such payment is prohibited by law, including but not limited to instances in which Referring Agent is not an actively licensed real estate sales agent or broker at the time payment is t
Commission paid to ReferralExchange.com; provided, however, that ReferralExchange.com shall not be required to make any payment to Referring Agent if Referring Agent is in breach
of these Agent Terms at the time
of such payment, or if such payment is prohibited by law, including but not limited to instances in which Referring Agent is not an actively licensed
real estate sales agent or broker at the time payment is to be made.
The Bureau believes that this may be confusing to consumers and sellers and is adopting comment 38 (g)(4)-4 to clarify that any
real estate commissions disclosed under § 1026.38 (g)(4) should be the full
amount of the
commission, regardless
of the party who holds the deposit.
Two GSEs during an ex parte meeting stated that the calculation
of the excess deposit
amount was confusing, especially since the
amount of the deposit would offset any
real estate commission that may be disclosed under § 1026.38 (g)(4), above.