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  • Unpaid Real Estate commission by Broker California

    I'm a real estate sales person licensed in CA. My "former" Broker failed to compensate me after the sale of one of my listings. During escrow I became seriously ill. I ended up in hospital and i needed my brokers assistance to help me close escrow. After close of escrow he fraudulently tried to claim that it was not my listing and I was not the procuring cause therefore he declined to pay me. I left his company and took him to Arbitration as required per our employment contract. I had overwhelming evidence that precluded his statements and proved he was lying with a motive to steal what I had earned. I was awarded over $15,000 and he was given 60 days to pay up. He never paid it and he has no intention too. He carries on with his business as if nothing has happened.

    I have confirmed the arbitration award at the superior court of Orange County and entered a judgement against him and his small Real Estate firm in San Juan Capistrano.

    My question is, has he violated the California Labor code and what additional steps can I take to bring justice and enforcement. Any advice would be appreciated.

    Thank you

  • #2
    Dumb question. Are you an employee? Are taxes taken from your payments? Do you receive a W2 at year end? There is a reason I am asking these questions.

    If you legally are an employee, then download the following and read the chapter on commissions. Then (depending on what you read) you could file a wage claim with CA-DLSE. Alternatively if the dollars are big enough, and I do not know just what "big enough" is legally in CA, you could talk to an attorney. But first see if you have a likely claim through CA-DLSE.
    http://www.laborlawyer.net/dlse/DLSE_EnfcManual.pdf

    If you are not being treated as an employee, then life gets interesting. IRS has something called a "statutory non-employee" which could apply to you. Since this is mostly just an obscure question on a test for me and not something I ever had to worry about, I have no idea what CA-DLSE thinks about this rather obscure IRS rule. If you are not being treated as an employee, and if CA-DLSE agrees with this, then you have only non-employee remedies available. Basically small claims court or talk to an attorney about a general court action.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by DAW View Post
      Dumb question. Are you an employee? Are taxes taken from your payments? Do you receive a W2 at year end? There is a reason I am asking these questions.

      If you legally are an employee, then download the following and read the chapter on commissions. Then (depending on what you read) you could file a wage claim with CA-DLSE. Alternatively if the dollars are big enough, and I do not know just what "big enough" is legally in CA, you could talk to an attorney. But first see if you have a likely claim through CA-DLSE.
      http://www.laborlawyer.net/dlse/DLSE_EnfcManual.pdf

      If you are not being treated as an employee, then life gets interesting. IRS has something called a "statutory non-employee" which could apply to you. Since this is mostly just an obscure question on a test for me and not something I ever had to worry about, I have no idea what CA-DLSE thinks about this rather obscure IRS rule. If you are not being treated as an employee, and if CA-DLSE agrees with this, then you have only non-employee remedies available. Basically small claims court or talk to an attorney about a general court action.
      Thank you for your answer,
      Unfortunately a licencee, at least in CA anyways, is an employee as far as worker comp and E&O insurances goes, but is treated as an independent contractor when it comes to income taxes and expenses etc. I am moving forward with taking him to court and enforcing the judgement but I was just wondering if he had violated any labor laws that I could hit him with. For what he did to me while I was sick he really deserves it.

      Thanks
      Again.

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      • #4
        You might give CA-DLSE a call after reading the chapter in the manual, but if they agree you are legally a non-employee then there are no labor law protections for you in this matter. Read the chapter even if you legally are a non-employee because some of the case law cited is arguably generic enough to cover you as well. And just because you are apparently not covered by labor law does not eliminate contract or common law arguments. More of a venue change then anything else.

        The problem is that most labor law is 20th century while this country has had employees for several centuries. Explict exceptions such as statutory non-employees just means that a specific law was passed recognizing something always considered true in the past.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Contract law

          Your relationship with the broker is probably governed by the common law of contracts (unless California has an applicable statute)

          You have a valid judgment so just find an attorney that specializes in executing on judgments and seize assets.

          Eric

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