Legal Question in Business Law in New York

real estate broker compensation

I have a question about a

commission that I earned at my

former broker firm in NY, and am

being paid out as the gross

commissions are received in

installments from the landlord. For

reasons that I will spare you at the

moment, unless you feel it is

relevant to the following question,

my share was recently reduced in

order to compensate someone else

over a year after the transaction

closed. I don't feel it's fair, but it may

not be practical to mount the

expense of a legal challenge.

I had received an earlier installment

this year based on the original

amount I calculated I was entitled to.

Recently, I received checks based on

the reduced share. I have not

deposited either of them.

My question is: if I deposit the

reduced commission checks, do I

prejudice a future potential legal case

challenging the adjustment?


Asked on 12/29/08, 1:25 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: real estate broker compensation

No, unless the check clearly indicates that deposit constitutes agreement to the reduced commission.

By the way, as a broker you may be entitled to arbitration, which would significantly reduce legal fees for litiation.

Mike.

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Answered on 12/29/08, 1:48 pm


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