The Broker realized that since Greenlee was not licensed, this proposal would result in
an illegal fee split, and so he drafted a contract wherein the Brokerage's commission would come from the sale of all real property while Greenlee's commission would purportedly come from the sale of all personal property.
Eventually, the trial court ruled that New York law barred from claiming a commission or any other compensation because the Broker had entered into
an illegal fee splitting arrangement with the Bank.
Not exact matches
There have even been cases in which real estate agents have received
illegal kickbacks and
fee splitting in return for recommending clients to certain lenders.
A bird dog
fee is
illegal because it is akin to
splitting real estate
fees and is an action taken by a person because they are expecting a reward.
In order to avoid these doctrines, the Broker argued that the payments were not an
illegal fee -
splitting arrangement because no real estate brokerage services were provided by the Broker or the Bank.
An earlier decision by the Court of Appeals of Wisconsin found that Greenlee had no cause of action because he was attempting to enforce an
illegal contract, due to the provisions in the contract where the Broker attempted to
split fees with an unlicensed individual.
Borrowers alleged that title companies made
illegal kickback payments by
splitting a
fee with attorneys who referred business.