Q: I’m a sales associate, and I’ve been patiently waiting for my broker to pay a commission on one of my transactions that closed more than a month ago. If I notify the Department of Business and Professional Regulation (DBPR) about this issue, will they force my broker to pay my commission?
A: No. The DBPR handles violations of statutory laws and regulations, and the discipline involved with such violations. A commission dispute between a broker and a sales associate isn’t a statutory violation, but a contractual dispute.
Contractual commission disputes, in virtually all cases, are resolved by the civil courts; however, the sales associate’s independent contractor agreement (ICA) may require an alternative form of dispute resolution such as arbitration or mediation.
Make sure to check your ICA to determine your rights to compensation, remedies for a failure to meet a contractual promise to pay compensation and the appropriate venue in which to pursue your civil claim.