Heavyweight Realtor commission fraud

[Crystal Tynan]

I am a real estate agent and up until last week, I was working as an 'independent contractor' doing marketing and providing real estate assistance for a top real estate agent. When I gave my resignation, as her marketing director, she actively tried to hide the fact that she was about to accept an offer on a property she had promised me a commission on. She then lied to me and said she was taking the property off the market and I was due no commission. This is approximately $11k. I have a copy of the accepted RPA and NDA she made the clients sign, to prevent them from making contact with me again. I was the agent that sent them the disclosures. I have 100+ hours into this property and she was actively procuring, and hiding, the offer I initiated as we were discussing my resignation. 

I have been working on this house as the lead agent, with no pay, for 6+ months, under the condition I would be receiving 25% of her commission. I have several emails from her stating this, she confirmed this verbally to our broker and she signed an addendum to stating same. However, my broker is saying she isn't bound by any of that and I should just let it go. 

This is in addition to $500 she refused to pay me per a verbal agreement on another deal, and $26k she kept from me after she took back a client she referred to me after I got them to submit an offer on a property they ultimately purchased. 

I think my broker is wrong and her emails should be binding. Please advise. 

[Cody L.]

Originally posted by @Crystal Tynan:

The excerpt I listed above specifically stated that emails can be considered a contract.

I’m also not referring to the purchase of real property. I am referring to an offer of employment, or terms of employment. These terms were offered, accepted, and executed. Then, knowing I was going to quit doing her marketing, the top agent intentiinally hid the remaining 2 deals from me to avoid paying me. 

“Generally, the elements of any legally binding contractual agreement include California Civil Jury Instructions (CACI) 302: Contract Formation—Essential Factual Elements offer, (2) acceptance, (3) consideration, and (4) no defenses. In California, the essential factual elements necessary to prove contract formation are: (1) the contract terms were clear enough so the parties could understand what each was required to do; (2) the parties agreed to give each other something of value [a promise to do something or not to do something may have value]; and (3) the parties agreed to the terms of the contract.1”

A recent case in the Court of Appeals of Texas decided March 30, 2017 (Khoury V. Tomlinson) held that “even a name or email address in a “from” field can be construed to be “executed or adopted by a person with the intent to sign the record and functions as a signature.”

The court’s reasoning was that even though the name and email address are automatically inserted into an email, nevertheless since the sender set up the email account in a manner so as to insert these items, they are considered as intentionally being inserted by the sender as a signature. The same would apply to a signature block in an email.”

But you’re right. I likely have no idea what I’m talking about. 

 I’m in your side. I think your in the right and I agree with your arguments re email agreements. 

I think the older the person your dealing with, the more likely to think it needs to be printed on a piece of tree, and signed with a quill. 

I had a 5.6m deal that needed to be extended. Agent was freaking out that we had to sign this form. I sent an email to the seller and said “you cool to extend 10 days?” He said “yes”. I said “me too”. Done. 

The issue is SHOULD you sue or push it? A wise man told me “I’d rather be rich than right”. She’s a scumbag. She should be dead to you. Don’t think about her anymore. Getting into a legal battle, even if you win, will do you more harm than good in the long run.  You don’t want to have a rep as a pushover. But you don’t want to have a rep as a litigious person either. especially if you’re staying in this field. 

That rat that’s screwing you will  get what’s coming to them. They always do.