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Disbursing to Realtors

  • 1.  Disbursing to Realtors

    Posted 04-17-2023 11:17
    Question:  When closing is conducted, the Broker send a Disbursement authorization, splitting out the Commission between the office and the Agent.  We are finding more Agents requesting that their portion of Commission to be made payable to an LLC they own, or a PA.  How is everyone handling this, since the LLC or the PA is not the licensed Agent and has no business under the Contract?

    FRAUD WARNING

    ***CALL our office to confirm Wire Instructions BEFORE sending any funds***

     

    Dee Harrison

    Alpha Reliable Title, Inc.

    Escrow Officer

    5401 S. Kirkman Road, Suite 520

    Orlando, FL 32819

    Office:  407-355-3300

    Cell: 954-868-7406

    E-Fax: 407-479-3446

    Email: Dee@AlphaReliableTitle.com

     

     

    Due to the overwhelming number of fraudulent cashier's checks circulating in Florida, we require that all closing funds be tendered in the form of a wire transfer.

     

     

     

    A close up of text on a black background  Description generated with very high confidence      

     

     

    PROTECT YOUR MONEY AGAINST WIRE FRAUD

    http://www.homeclosing101.org/protect-your-money/

     

     

    If I have not provided you with excellent service, please feel free to reach out to our Compliance Department via Info@AlphaReliableTitle.com


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  • 2.  RE: Disbursing to Realtors

    Posted 04-18-2023 08:09

    Not your problem.  You are not paying the commission, you are merely disbursing.

    Greg Shaks



    ------------------------------
    Gregory Shanks
    Title Guaranty Agency of Knoxville, Inc.
    Knoxville TN
    +1 (865) 637-2981
    ------------------------------

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  • 3.  RE: Disbursing to Realtors

    Posted 04-19-2023 12:32

    We see this in Nevada on a regular basis.  As long as the Broker of record signs the Disbursement Authorization, we will do the commission split.  NRS requires payment to the Broker,  so we require the Broker to authorize and sign indicating we are splitting as an accommodation only to the Broker.

     

    Sylvia Smith Turk
    Division President

    Stewart Title Company
    5390 Kietzke Lane Suite 101
    Reno, Nv 89511
    O (775) 332-7140 | F (775) 332-7132
    sylvia.smith@stewart.com




     

     




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  • 4.  RE: Disbursing to Realtors

    Posted 04-18-2023 09:37
    It depends on your State. In the State of West Virginia the commission checks must be made payable to the Broker. Your Title Underwriting Counsel and your State Regulators should be able to provide the appropriate guidance.

    Kim
     

    Kimberly A. Gilbert-Toelle, Esq.*
    Raber Law Offices, PLLC

    484 Williamsport Pike, PMB #300
    Martinsburg, WV 25404
    681-260-6455
    Fax 304-441-5551

    email: relo@raberlawoffices.com
    alt. email:
    kgt@raberlawoffices.com  
    www.raberlawoffices.com  

    *Admitted in West Virginia, Maryland and the District of Columbia only.

    -------------------------
    IMPORTANT NOTICE
    This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.

    If you have received this message in error, please notify us immediately by telephone and delete the original file from your ISP or network server.

    Raber Law Offices, PLLC is an approved agent for Stewart Title Guaranty Company, Old Republic National Title Insurance Company, and Fidelity National Title Insurance Company.
    -------------------------





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  • 5.  RE: Disbursing to Realtors

    Posted 04-18-2023 12:45

    Dee,

    My rule has always been to follow the written instructions from the Broker.  If an agent wants something different, they would have to have their broker revise the instructions.  That keeps me out of the middle of it.  Interestingly, Maryland issued a ruling that title companies can no longer disburse directly to the agent - we must disburse to the broker who, in turn disburses to the agent.  Hope this helps!



    ------------------------------
    Creating a better business experience while turning revenues into profits

    Nancy L. Gusman, Esq.                      
    Brick House Consulting Services, LLC                      
    GusmanLegal, LLC                                         
    Past President, Maryland Land Title Association                                                           
    Certified Land Title Professional (CLTP)                                
    National Title Professional (NTP)                                                           
    11720 Beltsville Drive
    Suite 500
    Beltsville, MD 20705
    Phone: (301)563-9669                                                 
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  • 6.  RE: Disbursing to Realtors

    Posted 04-18-2023 13:36

    I'm sure it's different state-by-state, but in Pennsylvania the commission gets paid to the broker(s) set-forth on the Agreement of Sale.  The agent works under the broker and is only entitled to the portion of the commission stipulated in their contract with the broker.  If you pay the funds to someone other than the broker on the Agreement, the broker may have legal recourse against you as the settlement agent (not as the title agent) if the commission isn't paid to the broker.  Payment of the agent's portion of the commission is a matter between the agent and their broker, not the title/settlement agent.



    ------------------------------
    Donna Brady Miller
    Vice President/Owner
    Inter-County Abstract
    Honesdale PA
    +1 (570) 253-4734
    ------------------------------

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  • 7.  RE: Disbursing to Realtors

    Posted 04-18-2023 16:49
    I was able to find the following online:

    In 1999, the Florida Real Estate Commission stated in a Final Order (FREC DS-98-02) that a broker "may by written authorization request that a closing agent disburse commissions directly to its salespersons following the closing of the transaction."

    That would suggest that you consult the Florida Real Estate Commission and its' materials for the definition of "salespersons" as applied to the Final Order (FREC DS-98-02). Note that it is a "request" to a closing agent. That means that your firm can determine whether to honor those requests to disburse to an LLC or PA.


    Kim
     

    Kimberly A. Gilbert-Toelle, Esq.*
    Raber Law Offices, PLLC

    484 Williamsport Pike, PMB #300
    Martinsburg, WV 25404
    681-260-6455
    Fax 304-441-5551

    email: relo@raberlawoffices.com
    alt. email: 
    kgt@raberlawoffices.com  
    www.raberlawoffices.com  

    *Admitted in West Virginia, Maryland and the District of Columbia only.

    -------------------------

    IMPORTANT NOTICE
    This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.

    If you have received this message in error, please notify us immediately by telephone and delete the original file from your ISP or network server.

    Raber Law Offices, PLLC is an approved agent for Stewart Title Guaranty Company, Old Republic National Title Insurance Company, and Fidelity National Title Insurance Company.
    -------------------------




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  • 8.  RE: Disbursing to Realtors

    Posted 04-20-2023 00:49

    Thank you for citing the order. I have been looking for that. I believe that FREC allows LLCs and PAs. in the name of the sales person as they are registered with DBPR.



    ------------------------------
    Sam Saad
    President/CEO
    Paradise Coast Title & Escrow, LLC
    Naples FL
    +1 (239) 963-1635
    ------------------------------

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  • 9.  RE: Disbursing to Realtors

    Posted 04-19-2023 07:03
    Edited by Cathy Clamp 04-19-2023 07:04

    We're fortunate in Texas, because a Title Commissioner's ruling back in 1999 required that any realtor disbursements not shown in the contract be disclosed on the HUD/CD which is signed by the parties. A post closing change like you're suggesting would require a new HUD/CD be signed. When I get asked (and I do) I send them a copy of the ruling. Stops it cold in its tracks. :D.

    You might check to see if there's a similar ruling in Florida. At the very least, a change like that post-closing might be a violation of a lender's closing instructions or Closing Protection Letter-even though it's the seller's cost.



    ------------------------------
    Cathy Clamp CTIP, NTP
    Escrow Officer
    Heart of Texas Title Co., LLC
    Brady TX
    +1 (325) 597-0796
    ------------------------------

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  • 10.  RE: Disbursing to Realtors

    Posted 04-20-2023 11:54

    Hi Dee,

    From the Florida Realtors Legal Library on the topic of Commissions (https://www.floridarealtors.org/law-ethics/library/commission), the following passage from its webpage may be of helpful to you:

    Direct payment of commissions

    Sales associates and broker associates are only able to collect their compensation for real estate services through their broker, either directly/individually or through a PA, LLC or PLLC in their licensed name only. (see 475.161, Florida Statutes). However, In 1999, the Florida Real Estate Commission (FREC) stated in a Final Order (FREC DS-98-02) that a broker "may by written authorization request that a closing agent disburse commissions directly to its salespersons following the closing of the transaction." FREC clearly outlines in this Final Order what must be provided in the written authorization: (a) identify the transaction; (b) state the name of the salesperson entitled to the commission; (c) specify the amount the salesperson should be paid; and (d) sign the authorization. 

    ********************************************************************************************************************************
    The Florida Statute to which the above passage refers is F.S. 475.161 (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/0475.html):

    Licensing of broker associates and sales associates.-The commission shall license a broker associate or sales associate as an individual or, upon the licensee providing the commission with authorization from the Department of State, as a professional corporation, limited liability company, or professional limited liability company. A license shall be issued in the licensee's legal name only and, when appropriate, shall include the entity designation. This section shall not operate to permit a broker associate or sales associate to register or be licensed as a general partner, member, manager, officer, or director of a brokerage firm under s. 475.15.


    Have a great day!



    ------------------------------
    Elyce Schweitzer
    Regulatory Compliance Officer/VP
    Alliant National Title Insurance
    Oviedo FL
    +1 (303) 682-9800
    ------------------------------

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  • 11.  RE: Disbursing to Realtors

    Posted 04-20-2023 16:33

    We disburse according to the commission disbursement authorization signed by the broker. So, however they show the payees is how we cut the checks. If a Realtor wants the payee to show otherwise, we ask for a revised CDA. I am not sure how it is in other states, but this is okay in Florida. 



    ------------------------------
    Kristine Cecil
    Owner/Operator
    Smart Title Services, LLC
    Ormond Beach FL
    +1 (386) 317-4171
    ------------------------------

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  • 12.  RE: Disbursing to Realtors

    Posted 04-21-2023 14:59

    Dee,
    We always followed the Commission Disbursement Authorization, signed by the broker.  We always show the split on the closing statement.  I have had some realtors balk at the disclosure on the closing statement, but I explain that I am signing the statement certifying I disbursed in accordance with the statement.  Some don't care; some ask me to send all directly to their broker, and one refuses to do business with me because I won't alter my commission disbursement without disclosure on the closing statement.
    I would rather lose her business than possibly deal with an auditor wanting copies of cancelled checks for commission, and my checks do not match  my statement.

    Carla Bahn
    CORAL REEF TITLE COMPANY
    Islamorada, FL  33036
    305-664-9200



    ------------------------------
    Carla Bahn
    Closer
    Coral Reef Title Company
    Islamorada FL
    +1 (305) 664-9200
    ------------------------------

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  • 13.  RE: Disbursing to Realtors

    Posted 02-06-2024 12:51

    We too, rely on the exact instructions from the broker.  On a different issue, but related, our CPA tells us we should be issuing a 1099-NEC, on behalf of our clients paying the commission.  I've talked to our underwriters' legal departments, who all disagree.  Our CPA is standing by their opinion.  I'm curious to know everyone's thoughts.



    ------------------------------
    W. Luttrull
    President
    Pioneer Abstract & Title Co. of Muskogee, Inc.
    Muskogee OK
    +1 (918) 683-2904
    ------------------------------

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  • 14.  RE: Disbursing to Realtors

    Posted 02-06-2024 15:22

    Different brokers have different contractual arrangements with different agents.  Since you are not a party to those contractual arrangements I believe you should only disburse to the Broker on the contract. Imagine what you would do if you were the broker and a settlement agent paid too much of the commission to an agent...you'd most likely go after the settlement agent.

    RE: 1099-NEC, I agree with your underwriters. You are not required to issue a 1099 to real estate brokerages. The HUD or CD showing the payment(s) is sufficient.  Ask your CPA to show you the IRS regulation that requires a settlement agent to issue a 1099 for a real estate commission.  If there is such a regulation, I'm sure we'd all like to know.



    ------------------------------
    Donna Brady Miller
    Inter-County Abstract
    ------------------------------

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  • 15.  RE: Disbursing to Realtors

    Posted 02-07-2024 12:35

    I concur with Donna on both points and suggest reviewing IRC 6041 and related regulations (26 U.S. Code §6041 and 26 CFR §1.6041-1)



    ------------------------------
    Denise Johnson
    General Counsel
    West Michigan Realtors Title Co.
    Grand Rapids MI
    +1 (616) 447-3879
    ------------------------------

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  • 16.  RE: Disbursing to Realtors

    Posted 02-08-2024 14:55
    in Regards this subject of Realtors getting paid at the table:

    This has truly gotten out of hand.  
    The Realtors expect us to cut checks based on the disbursement authorization from their broker.
    Sure, we got suckered into doing this years ago but now they want us to wire their funds to their bank account!!! 
    and not only that, but they also now want copies of all disbursement checks listed on the disbursement authorization.

    I am very adamant that I do not scan copies of checks to email, not have the responsibility to wire the funds.

    How can we take this responsibility off of us??

     

    We can be found on  Google

     

     

    Thank you,

    Lorie Rhodes

    Lic Title Agent

    KLeer Title, LLC

    Office: 727-674-0276 

    Fax : 727-674-2523

    Email: lorie@kleertitle.com

    2595 Tampa Rd. Ste E

    Palm Harbor, FL 34684

    www.kleertitle.com

     

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  • 17.  RE: Disbursing to Realtors

    Posted 02-09-2024 11:41

    As with many things we encounter in life, just say "NO"!  

    Some reasons for saying NO include:

    -Disbursing directly to an agent rather than to the broker is beyond the scope of your duties as settlement/title agent. If you pay the agent directly you may even make yourself liable for filing a 1099 for the payment to the agent because the broker isn't filing one if they don't pay the agent.

    -Your E&O may not cover this activity.

    -Your underwriter would probably frown on you doing this.

    -It might be a RESPA violation because you are providing a thing of value (bookkeeping services) in exchange for a referral of business.

    -Giving copies of your escrow checks opens you up to more fraud opportunities. I presume they get a copy of the HUD or CD, so they aren't entitled to anything more.

    -etc., etc..



    ------------------------------
    Donna Brady Miller
    Inter-County Abstract
    ------------------------------

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  • 18.  RE: Disbursing to Realtors

    Posted 02-09-2024 12:17

    I appreciate your response and will always keep this in mind.

    We can be found on  Google

     

     

    Thank you,

    Lorie Rhodes

    Lic Title Agent

    KLeer Title, LLC

    Office: 727-674-0276 

    Fax : 727-674-2523

    Email: lorie@kleertitle.com

    2595 Tampa Rd. Ste E

    Palm Harbor, FL 34684

    www.kleertitle.com

     

    Click the Stars to read

    our reviews!

     

     




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