Val Evans

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Rainmaker
611,619
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

Val,
Michael, Debbie, Eric, et al. have it right, the agreements are with the broker. Independent contractor can accept the brokers terms, go elsewhere or become a broker.

Nov 12, 2015 09:07 AM
Rainmaker
912,565
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Val - Looks like you got your answer. The Broker owns the business, determines the commission structure, and also owns all the transactions.

Nov 12, 2015 02:27 PM
Ambassador
3,060,113
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

absolutely I can.  My agents sign a contract that dictates what they can and can't do while their license is at my brokerage.

Nov 12, 2015 12:05 PM
Rainmaker
1,413,494
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Yes.  They can dictate what your commission rate is (or what their minimum allowed rate is).  They are your boss.  I.C. status is just for workers comp, benefits and tax purposes.

Nov 12, 2015 11:09 AM
Rainmaker
1,683,406
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Your Broker Runs the show.  I see that everyone else explained why.

Nov 12, 2015 10:43 AM
Rainmaker
4,416,674
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Yes, the broker is in charge of setting office policy!

Nov 12, 2015 06:56 AM
Rainer
39,825
Jayne Meaut
Exit Allstar Realty - Mobile, AL
Graduate of Real Estate Institute

Yes the broker can mandate a tight commission range depending on the service provided. My Broker does not allow agents to discount their services.

Nov 12, 2015 05:54 AM
Rainmaker
4,799,651
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes, they can have a minimum and/or maximum and if you disagree, you are welcome to leave the firm.

Nov 12, 2015 03:20 AM
Rainmaker
212,705
Stefan Winter
Real Estate in IL & NV | Owner of Real Estate Web Tech | Daily Vlogger - Las Vegas, NV
Owner - Winter Group & Real Estate Web Tech

It depends on the broker, some will allow you to adjust commission, as long as the broker is getting their % they are usally happy. I never discount my commission though so I've never asked.

Nov 12, 2015 02:47 AM
Rainmaker
860,815
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

They can, but luckily ours doesn't.

Nov 12, 2015 02:25 AM
Ambassador
3,986,910
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Of course because the keyword here is your broker. You work under the authority of the broker unless you have your own company and then you can do whatever you want. Now many brokers give authority to their agents to negotiate commissions as they see fit. 

Nov 12, 2015 02:13 AM
Rainmaker
2,065,814
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

Interesting, I am a broker, and our company have our terms.

Nov 09, 2019 06:00 PM
Rainmaker
2,007,235
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

You are an independent contractor but the listing is with your broker 

Nov 15, 2015 10:12 PM
Rainer
319,929
Melissa Jackson
Century 21 Alliance Properties - Azle, TX
Helping You Make The Right Move

Yes, my broker makes the rules and I agreed.  She does allow room for us to negotiate with sellers.  

Nov 14, 2015 02:26 AM
Rainmaker
1,465,977
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Val Evans Absolutely, all listings belong to the Broker. Agents are required to abide by the Broker's fee policy.

Nov 12, 2015 10:26 PM
Rainmaker
4,223,548
Richard Weeks
Dallas, TX
REALTOR®, Broker

Yes, if it a part of their policy and procedure.  You could charge less; however would still be required to pay the required split.

Nov 12, 2015 09:46 PM
Rainmaker
4,335,777
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

They can, but they don't. It's my business.

Nov 12, 2015 08:30 PM
Rainmaker
1,157,535
FN LN
Toronto, ON

Reference should be made to the independent contractor agreement that was presumably signed when the independent contractor and brokerage entered into a relationship.

Nov 12, 2015 08:25 PM
Rainmaker
1,542,223
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

When you sign contract with a broker, they usually spell up all terms in there. Terms can be re-negotiated every year. 

Nov 12, 2015 04:45 PM
Rainmaker
924,060
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

What are the terms of the IC Agreement? My office's PP Manual is addenda to it. It outlines circumstances where agents may or may not do a lot of things. It is just like so many things in our biz--'per separate agreement'. ;)

Nov 12, 2015 12:16 PM
Ambassador
5,613,475
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

My understanding is the broker is the one who owns the contract thus forth the broker sets the price and terms

Nov 12, 2015 11:45 AM
Rainmaker
664,784
Mark Don McInnes, Sandpoint-Idaho
Sandpoint Realty LLC - Sandpoint, ID
North Idaho Real Estate - 208-255.6227

Pretty consistant answers here all the way down the line.  Make it a great weekend.  mark

Nov 12, 2015 11:31 AM
Ambassador
1,569,453
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

yes, 

Nov 12, 2015 09:02 AM
Rainmaker
634,332
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Yes.

Nov 12, 2015 07:01 AM
Rainer
216,063
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL
Your Real Estate Partner

The brokerage company is the one with the contract with Seller, so yes, they have every right to establish their required minimum commission.

Nov 12, 2015 05:52 AM
Rainer
42,470
Fred Hafdelin
Weichert Realtors - Mountain Lakes, NJ

Yes. At least in New Jersey they can.

Nov 12, 2015 05:07 AM
Rainmaker
413,193
Cindy Davis
SD Home Source Realty - San Diego, CA

Yes. Brokers run the show.

Nov 12, 2015 03:53 AM
Rainmaker
3,070,584
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Absolutely.

Nov 12, 2015 03:43 AM
Rainmaker
4,212,896
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Key word here:  broker.  A seller signs a listing with a broker.  If that is the broker's requirement, the seller will either agree or move on.  Likewise, the agent(independent contractor) chooses to work(or not)  with the broker.  

Nov 12, 2015 02:37 AM
Rainmaker
1,708,135
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Brokers typically have an employment contract that dictates conmpany policy that every agent signs.

Nov 12, 2015 02:34 AM
Rainer
412,400
Gary Meek
GM2 - Roseville, CA
(916) 995-9385

Every brokerage has their guidelines for what they expect of their agents.  Some may have a restriction on minimum commission.  Ours does not but I always tell our agents, that you should be paid what you are worth.  I am personally worth 6% or more.  

 

Nov 12, 2015 02:28 AM
Rainmaker
908,513
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

At the end of the 'Danger Report' you will read that several brokerages such as RedFin and Coldwell Banker, who dictate the compensation received by the agents, are being reviewed to reclassify their agents as EMPLOYEES.

It would be beneficial for an agent to know what brokerages ARE NOT on that list and hang their shingle with them.

 UPDATE:

Now it is 5:36 and there have been 18 responses including my own.

Does not those responses make quite clear that the mantra "all real estate professional fees are negotiable' laughable. 

Nov 12, 2015 02:25 AM
Rainmaker
4,433,809
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

The others have answered the question. The listing belongs to broker.

Nov 12, 2015 02:13 AM
Rainmaker
6,858,263
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

The broker can establish an office policy on commissions. 

Nov 12, 2015 02:13 AM
Ambassador
2,000,786
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker/REALTOR® - Kalispell, MT
Helping your Montana dreams take root

Apparently yes.

 

Although a broker certainly would not mind if we charged more!

Nov 12, 2015 02:09 AM
Rainer
19,725
Eric McLellan
Keller Williams - Frederick, MD
Realtor Serving all of Greater Frederick

Yes.  They can.  All listings are actually represented by the broker.  You are the "associate" assigned to the listing.

That is why you need a release if you change brokerages.

Nov 12, 2015 02:08 AM