In
the case of real estate salespeople they have helped the public create millions of dollars of wealth through real estate.
Not exact matches
Given the current relaxed state
of broker supervision
of salespeople's Internet marketing, it's just a matter
of time before we start seeing more legal
cases directly involving
real estate activities on the Internet.
In the third
case, a Massachusetts trial court ruled in favor
of the brokerage in 2013, holding that the state's
real estate statute allows
real estate salespeople to be classified as independent contractors or as employees controlled.
Salespeople can say they're owners
of the company, which typically isn't the
case in residential
real estate.
An earlier Florida
case had found that a brokerage's receipt
of a commission potentially made it liable for its
salesperson's conduct in a
real estate transaction if the
salesperson committed fraud, even though the transaction had involved the
salesperson's separate business.
If ever you feel that you have been victimized by a commissioned sales person, be it a Realtor, a Mortgage Broker /
salesperson, or a fee - for - services person like an Appraiser, a new - age
real estate «fee - for - service» advisor, or even by a lawyer, under the legally defined terms
of Negligent Misrepresentation, or as in Crazy Guy's
case, «Fraudulent Misrepresentation», stand firm if you are morally outraged by these bullying tactics, and fight the good fight.
«In
case after
case, the department has to deal with the problem
of real estate brokers becoming designated officers
of corporations owned by
salespersons or unlicensed individuals, and then not properly supervising the operations.»
What is evident from this
case and is
of concern to any
real estate salesperson is that the entire
case rests on a simple statement: «Stigma does not have to be
real to be realized.»
By the way, I know personally
of a
case here in Peterborough whereby a newbie
real estate salesperson actually sold the same house to two different buyers within forty - eight hours without signed releases being implemented re the first sale.
We as
real estate professionals need to try to take every opportunity to do the right thing (in this
case, pay the assumed compensation) instead
of trying to wring every last dollar out
of a transaction for ourselves and cheating other
salespeople or clients out
of their just reward.
241 DOS 98 Matter
of DOS v. Himark Realty — failure to appear at hearing; cease - and - desist; duty to supervise sales associates; vicarious liability; ex parte hearing is permissible upon proof
of proper service;
salesperson inadvertently calls home listed on cease - and - desist list which demonstrates incompetency; broker is obligated to supervise
real estate brokerage activities
of its
salespersons and is vicariously liable for their misconduct, limited only with regard to penalty in
cases where the broker lacked actual knowledge
of misconduct or did not retain any benefit derived from that misconduct; corporate broker, representative broker and
salesperson each to pay $ 250 fine
Of the three court challenges — one in Massachusetts and two in California — the Massachusetts
case was decided, in a trial court, for the broker, who successfully argued that his brokerage's
real estate salespeople are properly classified as statutory independent contractors.
The independent contractor status
of real estate salespeople recently has been challenged in three new court
cases.
salespeople and offices in some
cases still feel the need to belong to more than one
real estate board and have to pay a duplication
of fees to have access to the data they require to conduct their businesses.