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Question

I am a Realtor in Massachussetts. My broker is witholding my commissions.   It has been two months now since closing. They finally paid two weeks ago but the check bounced. They are now avoiding me entirely. I have another deal closing next week and am wanting to protect that money. What recourse do I have on the first check and how can I protect the upcoming one?

Submitted: 405 days and 18 hours ago.
Category: Real Estate Law
Value: $20
Status: CLOSED
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Optional Information

Burlington, Massachusetts

Already Tried:
Ive called NAR and MAR and they both have said its out of their jurisdiction. Ive called the D.A. and he said its a civil matter as the amount is over 2000. Ive looked into free legal counseling through MAR but cannot get it without my broker signing.

I call my broker daily, and email regularly requesting payment and stressing the urgency. My concern is that they are waiting to pay the first check with the commissions from the upcoming check then the upcoming one would be delayed or not given. This is my first sale with this broker, however Ive spoken to other agents and apparently this is their M.O. Dont know what to do, what is the appropriate recourse?

Accepted Answer

You could complain to the Board of Licensing. But, that may not be fast enough. Your only other recourse would be to sue for breach of contract against the broker and ask for a temporary restraining order to require that the closing attorney not distribute the commission to the broker until the court rules on the breach of contract, or until the broker agrees to pay you the money that you are entitled to.

 

You would also be entitled to attorney's fees if you prevail, but if the broker is insolvent, then it won't matter much.

 

You could tell the broker now, that unless he/she provides a letter to closing now stating that you should be paid $X directly from closing, that you will be forced to file suit and prevent the release of the money and for recovery of the other commissions owed you.

 

 

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Expert: socrateaser
Pos. Feedback: 99.1 %
Accepts: 2271
Answered: 2/7/2009

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Retired (mostly)

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