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It's unfortunate that you don't want to pursue your license.
You have an opportunity to receive commissions legally, increase your value by being able to cover a wider scope of duties, improve your marketability should you want to change companies, request assistant and answers from the area real estate associations and your company would most likely pay for it.
Yep, that would solve the issues. Also, it may be in your best interest to pursue a license to avoid liability for any past violations:
32-2165. Unlicensed activities; violation; classification
...C. The penalties prescribed by this section do not
apply to:...
3. Any person who, on discovering that a license is
required to carry on the person’s present or planned
activities, and before the issuance of a cease and
desist order pursuant to section 32-2154, notifies the
department of the person’s intent to immediately
comply with this chapter, applies for the required
license and ceases the prohibited activities pending
issuance of a license.
It's unfortunate that you don't want to pursue your license.
You have an opportunity to receive commissions legally, increase your value by being able to cover a wider scope of duties, improve your marketability should you want to change companies, request assistant and answers from the area real estate associations and your company would most likely pay for it.
Does your real estate association refuse to answer questions from an unlicensed assistant? If so, I feel fortunate to be in Idaho. I have called up our association many times with issues/questions and have never had a problem getting help or reaching a resolution.
Sometimes getting a license isn't the best option for a person. Over the 10 years I've been at my office, I could have easily gotten my license. I already know more about real estate than many agents I encounter. I have made the deliberate choice not to do so. I already do enough that I am busier than I can keep up with. If I got my license, my boss (my dad, whose picture is in the dictionary next to "workaholic") would expect me to work 80+ hours a week. The office would have to hire someone else to do all the things I do now, because he would want me to be his personal assistant, out running errands for him all the time. I am not a natural salesperson, and I would much prefer to be behind the scenes doing paperwork, research, computer work, etc. There's plenty of that to fill a 40 hour work week.
I'm not saying whether it is or is not a good idea for the OP, I'm just saying that it isn't always the best advice for everyone. I can't even count the number of times that I have been told "You should get your license", but it just doesn't make sense for me. For someone who is an introvert, sometimes it is better to just stay behind the scenes.
Oh, and to the OP, I consider it to be part of my job to know the law BETTER than my bosses. When the law changes, it is me who tells them, not the other way around. So assuming that your boss didn't know this law already and was knowingly breaking it, it doesn't really surprise me that you had to inform them of the law.
Update: Thanks for all the input, I decided to just ask my boss rather than pay for an attorney to tell me what he should. He understood my concerns and assured me that I could do the BPO's just as long as he looked them over first and that if I was worried about it I could just put his name on it as well. He also assured me that its ok to pay me commissions from his personal listings and the Fannie maes since I work on those for him and just not anything that he gets from the other agents as those arent his listings and I dont do any work on them that paying me commissions on those would be wrong and thats why he doesnt do that.
Something about this post tells me that you dont have to worry about your boss asking and misleading you to partake in things unethical and illegal. I agree with your reasons for not getting a license... additionally "licensed assistants" have a tendency to leave after time and strike out on their own.
I so "no offense to any of you" I meant that I wasnt directing at any of you. I was referring to my broker in AZ. I appreciated all your advice and direction.
Your broker sounds very unprofessional and uninformed. If you want to really learn this business I'd suggest you look for a more reputable broker to work for.
...... additionally "licensed assistants" have a tendency to leave after time and strike out on their own.
I don't see why this would be a negative, except perhaps for the broker that would need to find another assistant. Sounds like a career choice that may be beneficial for the assistant.
Sorry things ended up badly for you with your broker. I hope you find a good position with another that you can trust.
I made this request and then was fired. Fun day for me!
Seriously? You were fired? Maybe he was afraid that you'd file a complaint with the ADRE, which you could still do, of course.
I would suggest two things: Call a respected real estate school in AZ and ask them if what you were doing for the broker was legal; and take this opportunity to get your real estate license. The advice will cost you nothing and they will know the answer. And for someone with your level of experience, it would be a breeze to pass the school test and licensing exam.
Good luck and let us know how things turn out for you.
If a listing broker is going to receive any form of profit sharing from a seller aside from his commission does he have to disclose and submit this to escrow and use the Additional Compensation Agreement provided by AZ. Assoc. of Realtors?
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