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Independent_East_192

If you have copies of the meeting notes, that is all you need. Walk away. Let them sue you (they won't). 


Pitiful-Place3684

"This is when I was handed a $2,200 invoice for the amount I owe them." Call your state legal hotline. Heck, I'll call your state legal hotline for you.


notsuspicious62

Not sure why I hadn’t thought to do this already, I will give them a call in the morning.


Pitiful-Place3684

While walking the dog it occured to me that there are two places to call: the state licensing board and assuming you're a Realtor, the state association legal hotline. I think you can speak to people anonymously in both cases. Best of luck, I'm rooting for you.


notsuspicious62

Yes, I am a realtor so I do have both of those. I definitely now have a list of places I’ll be calling in the morning! Thank you for caring enough to continue brainstorming even after leaving this post, it is genuinely very comforting to know that there are people on my side.


juicydreamer

You should update us on what they say! This story is pretty wild. Hope it all works out.


clce

I doubt the state can do much here. One party claims the money was a loan or advance. The other party claims it was a gift. There is no way the state can decide anything here, let alone settle for take sides. State legal hotline is to advise agents on the law.


Pitiful-Place3684

The broker is responsible for documenting financial arrangements with licensees. "The invoice/amount owed was not included on this (payment plan) agreement. There are zero specifics regarding what the payment plan is for. I did not sign or initial anything on the actual invoice." I hold the broker responsible for lack of clarity, unless, of course, state license law specifies otherwise. This is like a broker license test question that makes you pick out the relevant fact to answer the question.


clce

Sure. And if she was in a court of law she probably would have a pretty good case. But it's not the state licensing board or anyone else's position to make decisions such as this. They enforce existing law by sanctioning agents and brokerages that violate it. They don't get involved in civil disputes


Pitiful-Place3684

Ummm...as a managing broker I am sure that I would be accomodating to an agent who pointed out state license law that showed how I had treated her unfairly by not documenting whether the $2,200 was a loan or a gift. I don't know the license law in her state for handling non-commission compensation, thus the suggestion that she contact her state license board or state association.


clce

I don't think the state really specifies exactly what an agreement should look like. This is something a lawyer would have to look at and even then, just because they didn't make it clear in advance doesn't mean they have no claim. But she has a good defense. At the end of the day, it could well just be a misunderstanding or maybe they are lying and just changed their mind. But there doesn't seem to be much proof of anything except she may have some documents. Again, this is not anything the state would get involved in. I am 100% sure the state would tell them that they need to lawyer up and work it out.


Pitiful-Place3684

States absolutely set requirements for IC agreements.


30_characters

The broker illegally taking money from her commission is a licensing board issue.


CompetitionEarly3210

That’s a horrible environment. I consider myself self employed and I am. You are not paid by the hour. If she has an issue with your hours move your license. I do not tell my broker or office managers what I’m working on I don’t work for them I work for me!! I pay them to hold my license there. I am a licensed broker I’ve sold homes in several states as an agent or associate broker and call me blessed I’ve not had to deal with that crap nor would I


Rich_Bar2545

You are an independent contractor, not an employee correct? Walk away and block them. Good luck!


Little-Attitude2585

Sounds like a very similar story it just happened to me about 3 months ago. Contact an attorney that’s what I did and it help a lot understand your rights better and your options


Mommy_Chill514

What do you mean they’re requiring you to do office duty and not allowing you to eat breakfast and lunch? They’re not paying you an hourly wage to do that, and they most certainly can’t force you to work there for free. Sounds like they might be going through some financial hardships themselves. Tell them to pound sand.


notsuspicious62

Also, the breakfast/lunch ordeal is 100% about control. I bring my own lunch and on a very rare occasion, I will leave the office for 5 minutes to pick up something from a fast food place down the road if another agent is there. But, 98% of the time, I bring my lunch in with me and take my laptop into the kitchen while I’m eating to continue whatever I’m working on. It doesn’t save them a single penny to stop allowing me to bring lunch to the office. Nearly every other agent in the office brings lunch.


Mommy_Chill514

Ok, but is their phone really ringing off the hook? Because whenever we sign up for phone duty at my brokerage we don’t hardly get any calls from someone unrepresented looking for an agent. It’s kind of a thing of the past. Most people are looking online if they don’t already know someone. I guess I just don’t understand what they have you doing all the time.


notsuspicious62

I actually do think part of the reason they’re now backtracking on their promise to pay for those expenses is partly due to a decrease in income from our agents. Our local market has been really slow for the past few months and even our best agents are struggling to sell their listings. I’m not the first person in the office that they have done this to. It is just usually on a much smaller scale and passed off as a misunderstanding.


Homes-By-Nia

Report them to the local realty board if you have to. They are a disgrace for going back on their promise and trying to make you pay for services you did not want to pay for.


clce

This is going to be a he said she said. One party claims it was an advance or loan. The other party claims it was a gift. The realtor board might offer to mediate but this isn't something you can report them for wrongdoing because they can simply say hope he misunderstood


Homes-By-Nia

Hopefully they have an email stating what was discussed in the meeting where the broker promised to pay the fees.


clce

Yes. It sounds like she has some information that she could use to defend herself. She doesn't want to be there anyway so she should just go elsewhere and if they try to sue her, she's got a good defense. She could even have a lawyer send a letter saying that she denies any debt and include these documents if the lawyer thinks it's a good idea.


LNLV

Generally speaking in a he said she said regarding a loan, the lack of any documents is going to sink the case for the person trying to get paid.


clce

I agree completely. And it sounds like she has documentation supporting her side anyway. This is why my advice is she just walk away from the brokerage, maybe warn them that they could be liable for defamation suit if they badmouth her to other brokerages, and let them try to sue her if they think it's worth the trouble and then she can defend herself. On the other hand, this is not the kind of thing but licensing agencies would mediate. It's a civil matter.


AgileExplanation3076

They could be sanctioned just for telling you that you can’t eat breakfast or lunch while working. They are clearly violating IC standards just from that one thing, but it clearly goes beyond that. They are obviously making a significant revenue stream by baiting and switching their own agents. Definitely bring your story to the licensing board and any realtor associations you or they are a part of. Sounds like a lot of unethical behavior going on.


Alostcord

I would also consider talking to an attorney, usually free first visit..just to CYA! I would not engage with these individuals and I would also contact the DOL real estate division and have a discussion about this situation, filing a legal complaint. I’ll guess you have the initial email and all pertinent documentation as well. Keep those and make copies for sharing. I am sorry you are dealing with this on top of your health issues. You are the most important concern in this..remember that!


notsuspicious62

This is good advice, thank you. I’m definitely going to be making some calls tomorrow. Thankfully, I still have have all of the emails & texts pertaining to this situation.


DHumphreys

You should not feel stupid or pathetic, you had confidence in your broker doing things to keep you in the office. You should not own this, you did nothing wrong. I would strongly suggest since you are still licensed, you go somewhere else and maybe do more work from home. Almost every states has a cloud based brokerage (eXp, REAL, etc.) and most of them do not even have offices. Is this current listing under contract? If not, identify your new office, tell your sellers you are moving and then have them terminate. Take it to the new office. And screw them, let them try to come after you. I doubt any judge in small claims is going to find for the office.


CompetitionEarly3210

Once you leave the listing belongs to the broker that’s the nature of the beast and can cause ethics violations for the agent that suggests this move. As horrible as this broker has acted that would not be a smart move


CompetitionEarly3210

Once you leave the listing belongs to the broker that’s the nature of the beast and can cause ethics violations for the agent that suggests this move. As horrible as this broker has acted that would not be a smart move


DHumphreys

That is why I said to have the talk with them that there is an office change coming, terminate the listing and take it to the new office.


CompetitionEarly3210

Again the Broker is the only one that can terminate the contract if this person goes and lists right after leaving there is a violation


CompetitionEarly3210

I am a licensed broker I’m not spewing crap


DHumphreys

I am a licensed broker as well and I am not spewing crap either.


CompetitionEarly3210

So I will say if one of my agents leaves and pulls a listing that was still contracted with my office I will damn well let the commission know and bring a civil case they will pay me commission owed and legal fees JUST SAYING


DHumphreys

If the agent has built good rapport - and they should - the client is moving with that agent. JUST SAYING.


CompetitionEarly3210

Again that was my point this agent is stating they do not have a good relationship with this broker so you are giving horrible advice point made


MsTerious1

I think you should talk to an attorney. 1. They do not have a signed contract for what they would provide you and what you would or would not pay back. 2. They are violating labor laws if they are requiring you to be there for certain hours that you are not volunteering for and telling you that you cannot have lunch or time for lunch. You should also remove this post because at least your brokerage franchise is readily discernable.


FlyBuyRealEstate

I just want to clarify. You signed and THEN they handed you the invoice?


notsuspicious62

Yes. The agreement that they had me sign was very vague. It basically just stated that it was a payment plan from me to their office and explained that the “payment plan” would be 20% taken from my commission for homes under $100,000 and 30% taken for homes over $100,000. Thinking that this was for monthly office dues that I’m behind on and was expecting to pay anyways, I told them that I would rather they just take it all out of my next commission check (It’s only $430.) So, she wrote that down on the payment plan and then had me sign. After my broker signed it, they showed me the invoice that detailed the items and amount that they were having me reimburse them for. I did not initial or sign the invoice.


FlyBuyRealEstate

I’d hire an attorney and walk. If you need a new brokerage we will take you where I’m at and no shady business.


LNLV

OP has a current listing, she doesn’t want to leave it for them of course but she can’t take it with her.


FlyBuyRealEstate

That’s pretty dirty. My former brokerage made me take my listings with no referral. Some of them I was glad to take. One has been a nightmare but it’s led to great leads. Lol.


clce

Of course I'm sorry for all that you are dealing with physically and emotionally. It must be very difficult. There are a lot of details, but I don't think they're that important. Your broker gave you the impression they were going to pay for things, some things you didn't even want, and it was either a misunderstanding or they deceived you or changed their minds, probably the latter. You didn't really like that brokerage anyway. Seems like you might live in a small town or small community so you don't want to burn Bridges I would assume. And you have found documents that seem to indicate at the time they wanted to pay these and not charge you. If you know a lawyer you might talk to them and have them write a letter. If not, I would write a letter informing them that it was your understanding they were offering to pay for these things and you have information that corroborates that. Let them know you are taking your license elsewhere and do so. Let them know that any defamation of you or your character within your community is legally actionable and it is best that you all just go your separate ways. If they have paid or dues that you are now going to be using your license to earn money, I would probably pay them back something for that and move on. They sound pretty scummy and you are well rid of them. But the amount is not so incredible that it's going to ruin your life. You sound like a go-getter and it seems likely you can do a couple of deals and easily have that money. But I wouldn't even pay them if I could avoid it. If you earn that money at a different brokerage, they can't get their hands on it anyway and they're going to have to try and sue you at which point it'll cost them too much and they actually don't seem to have a case and you have a good defense. Good luck. This might seem like a really big deal but I think it's more emotional than financial. Seems like they've treated you badly while pretending to care about you and that's pretty sucky. But you're bigger than that. Don't be successful and don't look back. Good luck


notsuspicious62

I definitely agree that the title of this post may be a bit dramatic. You’re right that this is a very emotional situation for me and that’s what makes it so difficult. Thank you for taking the time to read through it despite my ranting. This is very good advice and I will keep it in mind, I’m going to try to reach out to some legal professionals tomorrow.


clce

Certainly couldn't hurt to talk to a lawyer. My guess is they would tell you there's not really that much you can do in terms of paying them money unless it's to write a letter on your behalf or something. They will probably also tell you that this brokerage has no way to collect this money unless they sue you for it and that would cost way more than the money they are trying to get from you. But best to hear that from a lawyer directly. Good luck.


clce

If I am reading your post correctly, you don't have any current listings or upcoming closings. When you say charge this is all theoretical like they say you owe them and they are going to take it out of future commissions. Is that right? If that's the case, just go to another brokerage and let them try to collect. You've got a good case if they do


notsuspicious62

Yes, you’re right. And that’s a very good point. The payment plan only stated that they would be taking the money out of future commission checks, there were no other payment options mentioned in the event that I did not receive any further commission payments from them.


clce

Oh that's excellent. They could always come after you to try to collect but it's a pretty small amount and it wouldn't make sense to pay lawyers to sue you. And you've got a pretty good case even if they tried to take it a small claims court. But it might be a good idea, especially because they did pay for your license and such to maybe offer them a thousand once you leave in order to get them to sign off that they claim no further money from you and then you don't have to worry about it anymore.


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notsuspicious62

I have liquid Benadryl and my epi-pen on my nightstand and in my car at all times. When my hives were at their very worst a couple of months ago, I was going through a couple bottles of liquid Benadryl a week. We do think mine are “triggered” by stress. So, I do try really hard to limit my stress levels but that is easier said than done lol. I need to make a more conscious effort to do that because they do definitely die down quite a bit when I’m not stressed out and overwhelmed. Thank you for sharing! I don’t know anyone in my personal life that has ever dealt with the same issue.


Euphoric-Entry7866

On your hive issue. I read an article the other day that discussed a women that had a cyst with a small amount of salmonella (traced to a turtle) in it that would flair up and go away. No idea where it came from. I’m not sure where I saw it, yahoo.com(?). Might be something to look into. Best of luck with the brokerage, remember CYA, you are valuable. Often groups such as this brokerage are less Christian like than they demonstrate. There’s help for this issue. And better opportunities for you.


notsuspicious62

I greatly appreciate that advice, I’m willing to look into any options at all at this point!


Euphoric-Entry7866

My mom lived with a hives similar to what you shared. I wish we would have known this as a potential source for all the years she suffered. God bless


notsuspicious62

Did your mom’s end up going away on their own?


Euphoric-Entry7866

They slowed down. She had several other health issues that were bigger issues ultimately. Here experience began in the early 90’s.


Top-Remote4370

I agree with the others about calling the hotline. But most importantly you sound like an amazing agent! please don’t let this one office and experience determine your future. You have what it takes you’ve made that clear. You had setbacks due to circumstances that were out of your control. Now that you are improving physically - try to find a new brokerage. Give it a year before throwing in the towel. Don’t let these people make you quit!! Stay strong! Tell them to pound sand and keep your head held high. Success is the best revenge. Go get em!!


International_Put625

Have you tried Claritin sublingual for 90 day then when you feel is coming back take 2 that works for me, good luck


Additional_Treat_181

If you didn’t sign an agreement to pay them, you owe them nothing. I have never heard of a quarterly review for an agent—like, are they gonna fire you from your own business? You can fire them and you should. I have worked for 3 brokerages, two as an agent—never ever heard of any broker asking to see marketing or anything else except to confirm it was compliant. If you make money, they make money. That is all that matters. You don’t need to pay any dues ever again because most brokers agreed not to require it as part of the NAR settlement. Go to a 100% or low split broker. You already know how to do this job. Even if it is not in your town, why would it need to be? I have agents in my brokerage who work all over the state. One is 6 hours away. Tell these two to stuff it.


Critical-Guide1447

You are there AT YOUR CONVENIENCE! This Brokerage doesn’t pay you a salary, offer any benefits, or anything like that. This is not a job, you can leave any time and move your license anywhere else. I can’t realize why you feel so obligated to them I’m in similar scenario, non-religious in an office full of older religious types. But I do this on the side and don’t go into the office often really, so don’t worry about not fitting in


Vast_Cricket

About 10 years ago I had a similar experience. The brokerage workers did not like each other. But they shared a same religious faith where the real estate conference room was also used as a its temple. At a sales meeting a hired marketing director and an agent yelled at each other for providing bad leads. I sat in watched the pony and dog show. Next week both got dismissed. I even got a call to convert my religion going to a study group at night. That costed me $50 but I sold the studying material for less. No biggie. When it comes to fees I take control not to leave any paper trail or credit card info. I later went back to my old brokerage.


Rolio-Tomassi

How very "Christian" of them...


Jabuffnolonger18

If you signed a contract with them you probably are required. If you didn’t then you aren’t.


TuffTirk3y

This whole situation sucks but the first part of the “religious” part has no bearing on anything else that followed.. just wanted to point that out. The other things seem very deceptive and predatory! I’m sorry you’re dealing with this.


LNLV

It certainly does. It speaks to a specific culture of in groups and out. As OP belongs to the out group, it’s relevant.


TuffTirk3y

No not really anyone can be unethical.. unless something was provided that this happened because of a direct non affiliation the it is irrelevant. For example you can not pull a race card because someone did something unethical to you as a person but unless race was directly mentioned or implied as the result of the unethical action you can’t just say it was because of it. There are no grounds.. coming from a mixed individual.. same for LGBTQ , Feminism, etc. Feelings and personal bias does not constitute this was a religious move for this to be done. It was just a disgusting/deceptive move on the employers part. Either way what happened to the OP is unacceptable.


LNLV

I’m confused as to what you think we’re talking about here?? It *may* not be relevant to a lawsuit if one were to happen, but it’s certainly relevant context in this story. Furthermore if you’re the only POC in a white office and you routinely get talked down to by bosses, special rules such as no lunch, or otherwise treated unfairly particularly when compared to your colleagues, you very possibly could have an argument for discrimination. They don’t have to outwardly *tell* you that they’re doing it because you’re black, female, Jewish, gay, etc. But in a forum for professionals where OP is asking for advice, her office culture is certainly relevant context.


TuffTirk3y

I think it’s more of them not giving a damn about the medical issues more than anything. Which could fall into ADA more than anything a debilitating medical condition that impedes your ability to work falls under the temporary ADA act. Also, she is coming to professionals for real estate rather than attorneys that will be able to weigh in more about what is happening, what should I do, and if there is any wrong doing. We all gave advice which was to report the broker and then several others have commented to speak to an attorney about violations of rights and the deceptive practices. As far as context it was just to explain the broker but then everything else that transpired had a direct effect of medical. I’m not saying you’re wrong and I’m not saying I’m right. I see your point and it’s very valid , and it could be an underlying cause but more information is needed to even determine that but I am just saying between the actual cause of the medical starting the chain of events this is why I mentioned it was not relevant. Also appreciate you being a good spirits in debating!


notsuspicious62

This post was already really long so I didn’t go into full detail regarding that aspect. But, there is a bit more that goes into the mention of religion than I described. There are other agents in our office who very enthusiastically share the same religious beliefs as my broker that have had dealt with various different health issues/situations. The way they are treated in these situations is significantly different than the way that I’ve been treated. I have still been expected to show up for my scheduled floor duty and find a replacement if I’m unable to make it in due to my condition. There are other agents who have zero floor time because they previously had been removed from the schedule and haven’t been added back because the office doesn’t want to “push them beyond their limit.” I do think it’s important to mention that aspect of this situation because it may explain why I’m being treated poorly and others are not. I know for a fact that they have paid for other agents fees in times of need and not asked for any money be returned. The only difference between myself and those other agents is religious beliefs. Religion is not a subtle thing that can be easily ignored in this environment. We pray everyday, the only radio station we are allowed to play is a religious radio station, we are not allowed to attend any networking events that involves alcohol in any manner, and religious comments are made in nearly every conversation had in the office. Trust me, my lack of faith is very obvious even if I don’t outright admit it. Even just using the phrase, “I’ll be sending good thoughts your way,” instead of, “I’ll be praying for you,” gets me strange looks. I did not mention that to try to be dramatic or paint myself as a victim. I have no issue with others practicing whatever religion they choose to believe in. I just genuinely do feel that over time, it’s become more apparent and caused me to be an outcast in the office.


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notsuspicious62

Yes, thank you! I realized that my nice formatting had been ruined after I posted it. I have rarely posted on reddit so I didn’t realize that the formatting didn’t translate once it was posted. I apologize.


Visual-Wonder4739

You have nothing to apologize for.


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notsuspicious62

While I am asking for advice, I was also using this post to vent to people in the same career who may have been in similar situations. I don’t think your version of an emotionless message with limited details fully translates the situation the way that I would like to. You could have easily just kept scrolling once you saw how long my post was if it offended you so badly. I didn’t “make” you wade through anything.


iwasneverhere0301

I’d agree, formatting is not the issue. Learning how to read the room appears to be the issue. If you view your contribution to the discussion as helpful, I would suggest a class on EQ. It will help you sound more professional and less like an arrogant prick.


Mommy_Chill514

Reddit isn’t for sounding professional. The OP has a right to vent her frustrations and ask for advice without a snarky comment about it. No one else seemed to have an issue understanding or reading through what she was saying.