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I am a real estate agent. 2 years ago when I just joined the…

Customer Question
Hi Pearl, I am...

Hi Pearl, I am a real estate agent. 2 years ago when I just joined the real estate industry, I made cold calls and got an appointment to meet a prospective client. I invited my colleague who is a very experienced sale person to come with me to do an appraisal for the house. I was expecting a senior sales will lead a junior sales like me and shared 50% net commission when the sale is done. That was what happened when I worked with the other senior sales. After the meeting, my colleague keeps following up with the client. My colleague is able to sign up an exclusive agent agreement with the client in the end. My colleague refused to do the sale together with me. Do I have a right to claim money from her if she gets commission after the sale? I also thought this is kind of workforce bullying. I felt so bad and stressed.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NSW

Lawyer's Assistant: Has anything been filed or reported?

The licencee is informed

Submitted: 7 months ago.Category: Australia Law
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Customer reply replied 7 months ago
I did a lot of preparation to prepare the cold call list. Made a lot of phone calls in order to get one appointment. Also spent time for preparing the appraisal report for the meeting with prospective client.
Customer reply replied 7 months ago
The company keeps emphasizing we work as a team as a family. I found this salesperson has no ethic.
Customer reply replied 7 months ago
this salesperson was aware of the commission sharing scheme I have with the other sales people when she accepted my invitation to meet the prospective client. She should expect to share the commission with me if the property is sold. However she did not get me involved in any communication with the prospective client.
Answered in 3 hours by:
12/2/2017
Solicitor: Asad Rahman, Lawyer replied 7 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Australia Law
Satisfied Customers: 2,527
Experience: Practicing Attorney with 10 years experience
Verified
It is tough in the absence of a contract but may be possible to get it in small claims court.
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Customer reply replied 7 months ago
How much will it cost if I ask a solicitor to handle this case for me?
Customer reply replied 7 months ago
Which laws/ regulation protect my right ?
Customer reply replied 7 months ago
Can I charge her workforce bullying as she did not allow me to take part in the sale and share commission with me?
Solicitor: Asad Rahman, Lawyer replied 7 months ago

I did not realize this was an Australia law question. Let me opt out to ensure an Australia law expert assists. My answer was based on US law.

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Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

Would you like to discuss this matter on the telephone to get a quicker reply? I have extended a special offer to you if you prefer.

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Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Afternoon

I note you have requested a new professional to assist you with your question.

I am Leon from Sydney

Were you both working in the same office and did you have any agreement that clients you referred to the office you would be entitled to a share of the commission if they were signed up by another agent from the office.

If you did not work in the same office, was there any agreement that if one of you signed them up there would be a commission sharing arrangement?

Do you still work together?

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