Jackfruit wrote:Hello po,ako po ay ng tatrabaho sa isang land developer and may lot po ako nabenta,nag walk in po ang client and tinanong ko kung my agent ng refer,sabi nya wala. So nag claim po ako as their agent. Na release na po ang commission nung last week of Nov.2015,ning Dec 14,my nag claim na sya daw yung agent at sabi ng buyer sya nga kaya lang nka limutan nila sabihin. Naubos ko na po yung commission na binigay sakin,ngayun kini-claim nya. Kakasuhan daw po nya ako pag di ko binalik and pinagalitan po ako ng boss ko kasi bakit ako ng agent eh office staff ako. Pag nag file daw ng case ang agent,papanigan daw ng boss ko. Anu po kaso posibling i-file sa akin?Di po ako maka pag isip ng tama kasi takot na takot ako. Sana po ma enlighten ako.( Nag resign po ako sa work kasi di na ako mapagkakatiwalaan ng boss ko)
Let's look at the Pros/Cons:
Did the buyer sign anything and indicated his/her agent/broker? If not, then there is no AGENT/BROKER indicated at all, and no one can claim it AFTER the buyer has signed the documents. The agent/broker was also not present during the closing of the deal AND the developer was not informed by the broker that he has a buyer coming on that day. Therefore, do not be alarmed.
Second, if a case is filed against you, then answer it. They will be asked to show proof that they are the agent/broker of the buyer. If there is no proof (the Reservation Agreement does not even have their name & signature), then wala silang habol.
The cons are:
Office staff are usually NOT agents because your boss has to be a registered broker with PRC AND HLURB. Developers are required to have one licensed Real Estate Broker onsite that's why they usually partner with real estate brokers to sell their properties.
If a case is filed against you, YOUR BOSS will be liable as well for practicing brokerage without a license, the penalty is double for non-licensed individuals which is 200K and 4 years jail-time.