Exception to Rule that Agent Must Receive Compensation from the Brokerage Firm With Whom He is Licensed
The agent left the brokerage firm to join a new firm. Pursuant to the independent contractor agreement (ICA) with the original brokerage, the agent would receive a portion of the commission upon the close of escrow. The agent has insisted that the commission(s) be sent directly to him rather than to his new broker.
May the broker send the commission directly to the agent now that he is licensed at a different brokerage firm?
Substantive Policy Statement No. 2005.08 provides that “[w]hen a real estate licensee has rightfully earned a commission while in the employ of a broker, and in accordance with their agreement, that broker may pay the licensee, even though the licensee may have left the employ of that broker.”