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Agent Promised Kickback

  I purchased a home and the salesperson signed an agreement that he would return $10,000 of his commission to me. After the close of escrow he did not return any commission, we did not give the agreement to the escrow company that did the closing. I then contacted his broker, who he was with at the time but is no longer with them, I told the broker that they are responsible and liable for the $10,000. They say they are not. Please let me know if the broker is or not and any action I may take. The transaction was in Los Angeles.
Thank you.
 
  Not making side agreements available to the closing agent may be a form of fraud.  In addition, you may live in one of the eleven states that prohibit kickbacks of commission to any unlicensed person, including buyer or seller. 
But on the other hand, the supervising broker is responsible for whatever that salesperson did under his name.  You can always take the document to a real estate lawyer to see where you stand, or just go to small claims court yourself, ask for a few thousand dollars,  and see what a judge has to say.
   
Originally published on January 28, 2008
 
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