Legal Question in Real Estate Law in Florida
Getting Paid
I am a sales associate for a very large builder. I have worked for them for over a year and have twice been named the sales associate of the quarter. In the past year I have only been paid a few thousand dollars in commissions out of the estimated $30,000 I am owed (much more before constant delays which made my clients back out) I am not thinking about leaving the company. The terms with the company and I are fine last week was my second award and I will be willing to give them a few weeks notice if they need it. My question is are they able to keep my commissions from the homes I have sold in the past year if I leave.
2 Answers from Attorneys
Re: Getting Paid
This smells to me.
Re: Getting Paid
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
In order to give any thoughts on this matter, an attorney would have to read the terms of your employment agreement with the builder. It is impossible to know what it says without reading the instrument. Are you an employee or an independent contractor? Are the commissions earned when the contract is signed or when the deal is closed?
You should meet with a lawyer to read and review the agreement who can then advise you about your legal rights and obligations.
Scott R. Jay, Esq.
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