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Payment by a real estate agent to a consumer is illegal!!! If you are licensed you should know...but it seems you are proud to do so, and don't start whining if you get caught...there are always customers who later have something that they aren't pleased with and will at some point report it...it just takes some time...karma always wins.
Bentlebee, you are utterly and completely wrong. It is realtor lies like these that hurt consumers and give realtors a deserved bad name.
Not only that, but you are also a slow learner. Remember this posting?
I completely took you apart and am still waiting for you to retract your statement and apologize.
While you are at it, take my original advice and go read Ch. 475 again. Here is the actual law that you are claiming does not exist:
61J2-10.028 Kickbacks or Rebates. (2) The sharing of brokerage compensation by a licensee with a party to the real estate transaction with full disclosure to all interested parties is not considered a violation of Chapter 475, Part I, Florida Statutes. Specific Authority 475.05 FS. Law Implemented 475.25(1)(b), (d) FS. History–New 1-1-80, Formerly 21V-10.28, Amended 6-28-93, Formerly 21V-10.028, Amended 12-30-97.
To top it off, I will quote from the reading materials for this year's "Continuing Education for Florida Real Estate Professionals", which is required every two years to maintain your license. It states,
"A relatively recent practice by some real estate licensees is the offer to return or 'rebate' a portion of the commission to the buyer or the seller in the transaction. Some licensees incorrectly assume this is a violation of Chapter 475. It is not illegal for a licensee to give part of the commission to the buyer or the seller the licensee represents in the transaction, provided that disclosure is made to all interested parties."
What more proof do you need? Should I have the Director of the Florida Real Estate Commission call your house?
Yet another glaring example for the public: don't confuse "realtor" and "real estate agent". realtors are real estate agents who pay into a cartel that supports policies that are anti-consumer. I am not a realtor.
Last edited by chi_tino; 12-07-2011 at 06:24 PM..
Reason: edited to be a less nasty response
I happen to speak with the legal department from the Realtors Organisation earlier this week about kind of a similar issue and again they stated that it is illegal to pay any unlicensed person. You can write in bold whatever but that doesn't make it legal.
You can discount your commission that is something else. There have been many discount brokerages and they are all out of business. I hired one of them before I got my license and exactly what I got was discounted serviceand basically had to do everything myself which was great in a way since I learned a lot but any penny was a penny too much since they didn't perform for even the discounted amount...
Careful before you give kind of legal advise and are saying things that are not allowed...yes you can give discount but you can't pay an unlicensed person commission!
But there are always people who interpreted the law they way they want but not the way it should be...that is why Blago goes in for 14 yrs...the law does apply to all of us, but some seem to get away with it a little longer until ....
Quote:
Originally Posted by chi_tino
Bentlebee, you are utterly and completely wrong. It is realtor lies like these that hurt consumers and give realtors a deserved bad name.
Not only that, but you are also a slow learner. Remember this posting?
I completely took you apart and am still waiting for you to retract your statement and apologize.
While you are at it, take my original advice and go read Ch. 475 again. Here is the actual law that you are claiming does not exist:
61J2-10.028 Kickbacks or Rebates. (2) The sharing of brokerage compensation by a licensee with a party to the real estate transaction with full disclosure to all interested parties is not considered a violation of Chapter 475, Part I, Florida Statutes. Specific Authority 475.05 FS. Law Implemented 475.25(1)(b), (d) FS. History–New 1-1-80, Formerly 21V-10.28, Amended 6-28-93, Formerly 21V-10.028, Amended 12-30-97.
To top it off, I will quote from the reading materials for this year's "Continuing Education for Florida Real Estate Professionals", which is required every two years to maintain your license. It states,
"A relatively recent practice by some real estate licensees is the offer to return or 'rebate' a portion of the commission to the buyer or the seller in the transaction. Some licensees incorrectly assume this is a violation of Chapter 475. It is not illegal for a licensee to give part of the commission to the buyer or the seller the licensee represents in the transaction, provided that disclosure is made to all interested parties."
What more proof do you need? Should I have the Director of the Florida Real Estate Commission call your house?
Yet another glaring example for the public: don't confuse "realtor" and "real estate agent". realtors are real estate agents who pay into a cartel that supports policies that are anti-consumer. I am not a realtor.
Your reading comprehension is worse than I thought. I just listed the actual text of the law and you say that it is not valid.
You can receive a commission from your agent. Not only did I list the State of Florida licensing laws that say explicitly, "It is not illegal for a licensee to give part of the commission to the buyer or the seller the licensee represents in the transaction", but here is a very anti-realtor link from the United States Department of Justice that outlines how rebates in Florida are 1) legal, 2) how they work, and 3) how realtors continue to fight against them because rebates help consumers. Again, they are legal, and most realtors will tell you they are not.
Perhaps the realtor above can also tell you about how the Department of Justice forced a settlement with the National Association of Realtors a few years back using the Racketeer Influenced and Corrupt Organization (RICO) Act over their anti-consumer policies.
We have now established that:
1. realtors hate their customers so much that they will openly lie to them
2. realtors do not believe in obeying the laws of the State of Florida
3. realtors do not believe in obeying court orders from the United States Department of Justice
Here is the final nail in the coffin ---
From your own organization's FAQ:
Q: One of my listings is about to close. The seller asked me to give him a portion of my commission at closing. I would like to do so but I’m not sure if it’s permissible under Florida’s real estate license law. Is it?
A: Yes. Florida Administrative Code rule, 61J2-10.028(2) provides “[t]he sharing of brokerage compensation by a licensee with a party to the real estate transaction with full disclosure to all interested parties is not considered a violation of Chapter 475, Part I Florida Statutes.”
I go with advise from a REAL LAWYER and not by someone who has been copying and paste some txt and maybe edited some parts (not saying that happened but I have no proof either way)
This is where I got the info from and their legal department. Sorry, only Realtors can get their advise without additional payment other than their membership. I trust that they have it right and also from what was stated in the Real Estate books, one of them being Real Estate Law, that you needed to study to get the license ...if all of them are wrong...than I'm lost for words but I assume that they are right. An unlicensed person is not allowed to get a commission, but you are allowed to ask for a lower commission when you have the listing side and have to disclose if you give a referral fee which can only be paid to a licensed person, which can also be a Real Estate lawyer.
I noticed you have used the same website, so you shoudl be able to get the advise too...
BUT there are lawyers and lawyers and Realtors and Realtors...some just have a lot to say and not much experience and or scruples.
We recently run into a Realtor group that was formed by a Realtor who is making the decision who is allowed on his blog and who isn't...all use their own name so you can check them out on the MLS and see how much they really sell and how active they are. This person was telling a lot of people how wrong they were and how it really should be...NOT to my surprise was the biggest and only sale of 2011 for this Realtor a Condo for $ 18,000.- which mean not even enough to pay his Board dues...lol..that showed how much experience he has...but it is funny to see how his ego let's others to believe that he is a multi dollar seller, when you read his blogs...haha.
Last edited by bentlebee; 12-08-2011 at 08:28 PM..
The Florida Real Estate Commission is the agency that apppoves people for a Florida real estate license. A person can be approved with some criminal background. Fraud, deception etc. are the crimes that keep people oui of the real estate business. The older a crime is the less impact it would have on the FREC's decision. I suspect that your Realtor was able to conceal her crimes from the FREC.
Thank you for turning her in. you apparently eventually made a complaint to the Florida Real Estate Commission since she no longer has a license. The FREC is the agency that would revoke her license.
If a person already has a Florida real estate license before they commit a felony, the FREC would have no way of knowing of that felony conviction. Just as a person's employer would have no way of knowing of that conviction. Chapter 475 (Florida real estate law) requires a licensed real estate agent to report any criminal convictions to the FREC. It is a violation not to. I suspect many people neglect to do this.
In today's world you have duty to yourself to Google that Realtor that you are about to list your house with. You can also check their license status at the Department of Business and Professionial Regulation's website at www.myfloridalicense.com. In sound like you did some diligence but you were a little slow in getting started.
One last thought, The association of Realtors is a club that some agents join and some do not. Realtors pledge to obey the Code of Ethics. A Florida real estate license is issued by the Department of Business and Professionial Regulation after being appoved by the Floria Real Estate Commission.
Personally, if someone lied on an application for employment and get's caught (in any way) they should be terminated. I don't know when this Realtor actually did the crime, but I am a big believer in once you pay your penalty, your slate is clean (to an extent - some crimes to me are beyond starting over).
Bentlebee - You're wasting your time with that guy. Seriously, not even worth a discussion with an adult that thinks like a 4 year old.
You can see by his comments regarding Realtors. Has no idea that the reason he can actually be in business is because others fight for legislation for him to do so. You can also see where he openly brags about working independently when everyone knows a Sales Agent (as does a Realtor) has to work for a licensed broker. He also knows that while he may offer a discount, his broker sure doesn't!
And finally and I am done with that guy, it all depends on how you view your job requirements. If you follow the rules and requirements to be a Realtor, which I am/and I do, (honest, ethical, look out for the publics well being, etc...) then you provide a great service. If you don't follow your job requirements, skirt the law when you want, etc... then you are the one that has to live with that. And there are a LOT MORE BAD REAL ESTATE AGENTS then there are REALTORS, but they are out there on both sides.
That said, I do know people that are rebating portions of thier commission. It works for some and drums up business, so I am not one to knock it. To each thier own.
I would assume that realtors have to be insured and bonded, or that is part of the licensure? Having a conviction might make it hard to be insured and/or bonded.
For sure the agency they are employed by would do so, correct?
Unless the Courts, who criminally tried and sentenced the person in question, actually specifies in their sentencing that their license is revoked, or that they are 'forever revoked' from gaining a license to work in Real Estate; there is not legal justification to keep a person who has done their 'time' (carried out the Court Sentence) from employment, in fact.. it is 'illegal' to keep punishing that person by any societal means for a crime already paid for.
Now, I understand the concern over your personal wealth and stewardships and for that matter I would put forth that anyone going thru a Broker do their part and Ask Respectfully that your case be handled by someone that doesn't have a criminal history. Rather than creating new 'rules' to hinder people who need a second chance.. who deserve God's mercy! -<>< Keshet
Unless the Courts, who criminally tried and sentenced the person in question, actually specifies in their sentencing that their license is revoked, or that they are 'forever revoked' from gaining a license to work in Real Estate; there is not legal justification to keep a person who has done their 'time' (carried out the Court Sentence) from employment, in fact.. it is 'illegal' to keep punishing that person by any societal means for a crime already paid for.
Now, I understand the concern over your personal wealth and stewardships and for that matter I would put forth that anyone going thru a Broker do their part and Ask Respectfully that your case be handled by someone that doesn't have a criminal history. Rather than creating new 'rules' to hinder people who need a second chance.. who deserve God's mercy! -<>< Keshet
A criminal record gives you a stigma for life. That's just how it is. Society judges you. And several professions will not allow you to do certain jobs after being convicted of certain crimes (crimes of moral turpitude). Realtors should be one of those jobs.
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