Broker cashed and will not send 1st months rent check

[lawdude888]

I live in Texas. I have a realtors license and am the homeowner in this situation.

I use an online broker, since they charge very low fees.

I recently listed my property for rent. Since it was my property, I entered no commission on my side, and $1500 for the realtor on the other side. The monthly rent is $3700.

The realtor sent the 1st months rent check $3700, to my brokerage. They were only suppose to send their $1500 commission. My online broker cashed the check. This was 30 days ago.

It is almost impossible to get a hold of my online broker. On the rare occasion that they have responded, they have confirmed they will send me the check. However, in the last 2 weeks they have confirmed they sent it out with tracking. They refuse to give me any tracking number. About a week ago, when I finally was able to get through once , they said they sent it to the wrong address and immediately resent out using priority. This was 7 days ago. I asked for the tracking number and they will not send it to me.

This morning, I was able to get a response from someone who works for the broker , and they claimed they will try to send the check today. They lied in a previous email about sending the check.

I live in Beaumont, they are located in San Antonio (5 hour drive). My house is located in Houston.

If I need to file a suit, should it be against the brokers realtor who sent the initial incorrect amount, or my broker who cashed the check, and refuses to respond ?


Additionally, where would I file this? For the other Brokerage, I would file in Houston in the district where my house is located? For the broker who cashed the check, this would be San Antonio?

 

[FlyingRon]

There's no such thing as a realtor's license. Texas issues real estate sales agent licenses. A Realtor is such an agent that becomes a member of the National Association of Realtors.

It would seem that the agent who sent the check to your brokerage made an honest mistake. Agents don't normally represent themselves in transactions. It is your brokerage who has your money how, it is them that you need to pursue. If it comes to the point of suing, your best bet is to sue them where they are. Legally you can either sue them where they are or where the events that gave rise to the suit took place (but that would probably still be their location).

 

[STEPHAN]

I use an online broker, since they charge very low fees.

It is almost impossible to get a hold of my online broker.

You get what you pay for.

(I changed to a broker who charges a little more but has an office a mile away.)