Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   In lieu of a contract not being signed, is a verbal agreement binding? (https://www.askmehelpdesk.com/showthread.php?t=620595)

  • Dec 18, 2011, 10:13 AM
    binky185
    In lieu of a contract not being signed, is a verbal agreement binding?
    Our Real Estate Franchise requires Agents to sign an independent Cotractor Agreement in accordance with CRA. Sometimes these are not signed and Agents decide to leave and we have no recourse but to sue in Small Claims Court
  • Dec 18, 2011, 10:24 AM
    JudyKayTee
    Yes, verbal agreements are binding.

    Have you been successful in Small Claims Court?

    Where? What Country or State?
  • Dec 18, 2011, 10:30 AM
    AK lawyer
    Quote:

    Originally Posted by binky185 View Post
    Our Real Estate Franchise requires Agents to sign an independent Cotractor Agreement in accordance with CRA. Sometimes these are not signed and Agents decide to leave and we have no recourse but to sue in Small Claims Court

    What JudyKayTee said.

    What's CRA?

    And what exact relief are you suing the agents for?
  • Dec 18, 2011, 11:46 AM
    binky185
    CRA is Canad Revenue Agency We would be suing for unpaid fees in accordance with what the Agent had signed for on registration/ or asked to be on certain plan. i.e. Gross Commission Plans at 50/60 0r 70% or pay a desk fee in addition to an Association Fee (which Pya as y ou go is responsible for and they get 95% of commission )
    We are seeking relief of the unpaid Association Fees/ or Desk Fees and the Monthly Royalty an Advt Fund fess which all Agents are aware of when they join a Re/Max Franchise
    At present we have not yet tested the Courts in a Hearing. We've tried in a Settlement Hearing, to no avail
    We are in Toronto Canada, in the City of Vaughan,a neighboring City, Governeed by Province of Ontario Laws and Federal laws of Canada
  • Dec 18, 2011, 01:04 PM
    AK lawyer
    So these are fees payable by the agent to you, the franchisee, and not some sort of tax payable to the CRA? I see no reason why you should not be able to recover them in small claims court.
  • Dec 18, 2011, 01:41 PM
    Fr_Chuck
    My issue is why you are allowing them to work without signing the paper work, It sounds like a serious management issue is there is more than one or two happening. No paper work, no agent agreement, no ability to work.

  • All times are GMT -7. The time now is 07:07 AM.