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I am a license real estate agent. I help my landlord

Customer Question
I am a license...

I am a license real estate agent . I help my landlord sometimes by advertising and getting new tenants. I charge the commission but the check in this case was made to the landlord company. The woman with no reason took me to court asking double the money she paid claiming I was illegally acting as a real estate broker for my landlord company ... is she in the right?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have to go to court tomorrow and all I have is fotocopy of pictures of the Apt totally renovated before her moving date

Lawyer's Assistant: Where is the property located?

But am I in trouble?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is claiming I act illegally

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
3/18/2018
Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,074
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago

It is unclear what claim she is trying to make, i.e., what law she is claiming you are violating. Are you on the landlord's payroll? In other words, are you an employee of the landlord? Or do you have your own company or working as a agent for a real estate broker?

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Customer reply replied 3 months ago
Ok
Customer reply replied 3 months ago
I have my own company that’s the problem
Customer reply replied 3 months ago
Or it’s better for me to say that I was showing the apt as a favor to my landlord?
Customer reply replied 3 months ago
I don’t was t to get in trouble with the company I work for
Customer reply replied 3 months ago
I work as an agent for a different company but I did this rental on the side. But she didn’t paid me she wrote the commission check under the landlords company name as well as the rent and deposit
Customer reply replied 3 months ago
Are you there?
Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago

I see. Technically, you could receive a commission as an agent when you are working for a real estate broker unless you have a broker's license also.

So, it appears that is the issue: receiving a commission as an agent when not being affiliated with a real estate brokerage company.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 3 months ago
I need to know if I am in trouble or not. The check was made not to me but to the landlord
Customer reply replied 3 months ago
What should I say in court
Customer reply replied 3 months ago
I am affiliated with a broker company but am I in trouble that I asked her to write the check under the landlords name and not my brokers company? That is the question
Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago

It could be a good idea to request an adjournment so you can find an attorney. For someone appearing in court for the first time, a Judge will usually grant the adjournment. It is advisable for you to have an attorney in court with you in this situation because a Judge could rule against you. So, requesting 30 days to find an attorney is legitimate to ask for a first-time appearance.

The concern is that you were practicing without proper authorization. In other words, an agent can receive a commission when under the auspices of a broker.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 3 months ago
The last question. Can a landlord received commission for renting his own place?
Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago

If someone is helping a landlord out with sales, they can receive a flat fee but not a commission. In other words, landlord do not receive a commission nor do their employees. The employee or someone helping with sales as an independent contractor can get a flat fee rate or hourly rate. So, that would be okay.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 3 months ago
This was a lease not a sale
Customer reply replied 3 months ago
Can I say I was just doing the landlord a favor?
Customer reply replied 3 months ago
that I didn’t get paid?
Customer reply replied 3 months ago
The landlord doesn’t have any problem with that.
Real Estate Lawyer: DamienJD, Lawyer replied 3 months ago

Either way it is the same - lease or sale.

Separately, someone doing someone a favor does not get paid. So, if you were only helping out and not getting paid for it, there would not appear to be a violation of the license. Still, this something you would want to discuss with the attorney who is appearing for you if you get an attorney.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 3 months ago
you think this is the safest way to go? For me
Customer reply replied 3 months ago
I can’t afford a lawyer. The amount she is asking is $2500
Customer reply replied 3 months ago
To get a lawyer is not the answer I need. That’s why I am asking you and paying you to tell me what is the best way for me to go
Customer reply replied 3 months ago
I need to disconnect why is it that I can’t
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