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Is this usual? I recently left Weichert Realtors and rejoined Coldwell Banker. In today's mail I received

a letter from Weichert saying that I have to give back commissions that I erned in excess of the 50/50 split. They are also requesting that I return all matching funds paid during 2007. At the same time, the regional manager is trying to get me to return to the company.

There seems to be some kind of disconnect here. Has anyone heard of anything like this with other companies?
 
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Real Estate Pro
in Bergen County
Kathy Cart..., Real Estate Pro in Bergen County in Bergen County
Answers (12)
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Gina Chirico was FIRST TO ANSWER
You need to look at your independant contractor contract - JD

Thu Mar 13 2008, 16:13
 
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I can't believe they still pay at 50/50. Thats why EXIT (and others) have grown in NJ. Good Luck. Carlos DeJesus Broker/Manager EXiT Elite Realty Group, Harrison & Lyndhurst NJ 862-215-3004

Thu Mar 13 2008, 08:38
 
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Kathy:
Welcome to corporate real estate. I recently left one of those aforementioned companies as a Broker-Manager and joined Prudential New Jersey Properties in the same capacity. The main reason was that the philosophy of these companies became so recruiting centric, that they lost touch with the true reason why we are in this business - our clients. And although I did join another corporation, our core encompassies clients and agents alike.
I believe that having the right agents (not any agent) to join my team produces a successful office in which everybody takes part in its success and its growth. This in turn creates a happy customer experience and more money in an agents pocket.
As you tell your clients, you must read any and all documents prior to signing them. I wish you good luck in your endeavours.

Wed Mar 12 2008, 05:13
 
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Kathy,
"I don't remember signing the addendum."?? Geez, that sounds vaguely familiar!! Seems every buyer suing for overpaying has THAT excuse. But that being said, when an agent leaves a company the broker should LEAVE THE DOOR OPEN and hope all parites can be professional and civilized in agreeing to disagree. Now they've created an agent who will tell many, many of the local agents PLUS all of us on Trulia. As a matter of fact Kathy, I WOULD NOT have referred to Weichert in your email!!! I'm sure this will get back to them and may have some ugly repercussions. Good luck! Remember, loose lips sink SEPS!!

Mon Feb 18 2008, 14:55
 
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Hi Kathy,

When you have a moment please email me or call me so we can chat about your situation. Looking forward to chatting with you.
Best Regards,
Susan

Sun Feb 17 2008, 15:14
Web Reference: http://susanachen.com
 
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We would usually not think that is possible, but things do not come up until they happen and then we feel bad. I have signed a few contracts in the past I never thought could come back and bite me and now I know to have an attorney review them for me and it is worth the extra monies because contracts have a language that is not easy to understand with out a legal background. I will keep this in mind when someone tells me they are thinking of going with weichert, their employment package seems to be to good to refuse for some agents, I guess as long as you stay with them all is ok, Thanks great to know.

Sat Feb 16 2008, 08:42
 
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Kathy, I wish you the best of luck fighting this battle and all of us agents should learn a thing or two from you sharing your experience...to re-read our employment contracts so we truly understand. I keep getting calls from Weichert's head hunter Ali to go work for their West Caldwell office but I'm happy at PNJP. Good Luck!

Gina Chirico
GinaChirico@PruNewJersey.com

Sat Feb 16 2008, 06:01
 
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A contract is a contract isn't it? Don't we all look for reparation when one breaches a contract? Is this any different? What would concern me more is that you allowed someone to take 50% of your money..which may be why you left anyway.

Sat Feb 16 2008, 05:58
 
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I have heard this from other Weichert agents. They usually have to wait until their contract is up for renewal to change to another office. It is probably in your contract.

Sat Feb 16 2008, 05:51
 
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Along with the demand for payment they sent a copy of an Addendum to the contract of employment that I signed. To be honest I don't remember signing the addendum, but apparently I did. Here's the thing. I terminated my employment on Dec 26th. According to the addendum I had to work for them until Dec 31st to avoid these charges.

I guess i'm just frustrated. There's no way in heck i'm paying them one thin dime. I have checked in with my attorney and faxed the paperwork over to her. I'll let the lawyers sort it out. Meanwhile each week or so i'm still getting calls from the regional person trying to get me back. I'll have to remind them that you'll attract more bees with honey - not threats of legal action and demands for payment.

Sat Feb 16 2008, 05:37
 
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Hi Kathy,
Good luck in your new location.

My advice also is to look at your original employment contract. There is a section that explains what happens when you leave the company as far as what commission you will be paid for closings that are under contract but don't actually close until after you leave, etc. You should be able to find your answers there. If there is no mention of the money they are trying to recoup from you, I can't see how you would be responsible for giving it back. You know, when all else fails check in with your attorney.

It doesn't seem right to me either that they want you to give back, but your employment contract should say it all.

Sat Feb 16 2008, 05:11
 
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FIRST ANSWER
I don't know first hand as I am with Prudential New Jersey Properties and always have been. Do you have your original contract you signed when you started at Weichert? I know when my manager interviewed ad Weichert agent she said something to the effect of Weichert policies and someone would have to leave them at the right time to benefit from them leaving there. I just assumed she meant that they had pending contracts, listings, etc. I'm not sure what my contract with PNJP says but I'm definitely going to pull it out and read it. Did you ask your CB manager? Good luck!

Gina Chirico
GinaChirico@PruNewJersey.com

Fri Feb 15 2008, 19:14
 
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