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Real Estate: How Does Contracts Work?
I just got my calfornia real estate license. My roommate has stared his own real estate company. He does not have a.license. He has brought in a broker as part of the business. So a contract is to be signed between broker and company? THen a contract between me a the company and contract beween me and broker? Should all contracts state name of company including my contract with broker? Does escrow pay the company at the end of each closing inwhich the company then pays broker and me? This is so confusing. I just want to make sure I get paid and have a legal contract with all parties.
4 Answers
- loanmasteroneLv 76 years ago
This is normal. A real estate broker would obtain a California corporate real estate broker license. This protects him/her from being personally responsible for any financial damage or being sued by someone or another
corporation or company.
You don't need an attorney to understand the structure of the corporation. Your contract would be with the
corporation that the broker license is held in.
Your contract is with the corporation that has the real estate broker license. You would not have two contracts, one with the corporation and one with the broker.
If the corporation defaults and goes bankrupt, the real estate broker is not responsible for financial damages of the corporation. The corporation would be liquidated to pay off any debts owed and the others would be unpaid and liquidated, with the real estate broker not personally held responsible for any financial debt of the
corporation.
This is why corporations are set up to hold harmless individuals of corporate debt as oppose to the individual
being held responsible.
The corporation is paid after which based on your percentage of the commission you are paid out of the
corporate funds. Based on the day the corporation normally pay it's real estate agents you would be given a check for any transactions you are entitled a commission for.
This is no different than if you decide to become a real estate salesman with Century-21. You sign an agreement with the Century-21 corporation. When you have completed a sale, Century-21 get the corporate commission check and then based on the time period in which you are paid would prepare and give you a commission check from Century-21 corporate account.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- NathanLv 46 years ago
Go see a lawyer. Trust me, it will be $200 or $400 well spent. You need to protect yourself.
- realtor.sailorLv 76 years ago
Most of your questions would have been answered in the required pre license education.