Any update? Re:Trail Regarding the Agents that left TV real estate firm to start own?

[TNGary]

I was current on the various testimonies by the plaintiff and defendants of a couple weeks ago but have not heard any news since.
Case still active? Settlement? Judgment?
Thank you

[OrangeBlossomBaby]

One of the people named in the suit settled before the trial date. She had to pay $5000 in attorney fees to the Villages, and promise not to "engage in competitive activities" with regards to Villages properties. Of course there's zero competition when a seller doesn't WANT the Villages Properties to represent them in the sale of their home. My next door neighbor refused. She wanted an outside realtor, period. So this settlement doesn't seem like it was all that hurtful, if you take it on face value. As long as the seller doesn't try and get a quote from the Villages Properties, then an outside realtor wouldn't be competing against them.

[graciegirl]

One of the people named in the suit settled before the trial date. She had to pay $5000 in attorney fees to the Villages, and promise not to "engage in competitive activities" with regards to Villages properties. Of course there's zero competition when a seller doesn't WANT the Villages Properties to represent them in the sale of their home. My next door neighbor refused. She wanted an outside realtor, period. So this settlement doesn't seem like it was all that hurtful, if you take it on face value. As long as the seller doesn't try and get a quote from the Villages Properties, then an outside realtor wouldn't be competing against them.


I think either you have it wrong or I have it wrong or I misunderstood. Anyone can use anybody to sell their resale in The Villages. The Villages only uses THEIR STAFF to sell NEW homes. This is only about NEW homes.

[Marathon Man]

One of the people named in the suit settled before the trial date. She had to pay $5000 in attorney fees to the Villages, and promise not to "engage in competitive activities" with regards to Villages properties. Of course there's zero competition when a seller doesn't WANT the Villages Properties to represent them in the sale of their home. My next door neighbor refused. She wanted an outside realtor, period. So this settlement doesn't seem like it was all that hurtful, if you take it on face value. As long as the seller doesn't try and get a quote from the Villages Properties, then an outside realtor wouldn't be competing against them.

I don't think that's how "non compete" works.

[pqrstar]

I think either you have it wrong or I have it wrong or I misunderstood. Anyone can use anybody to sell their resale in The Villages. The Villages only uses THEIR STAFF to sell NEW homes. This is only about NEW homes.

The Villages STAFF also sells PRE-owned homes.

The lawsuit is about 2 former Property of the Villages salespersons who left and started their own company.

NextHome KD Premier Realty
Agents and Staff | NextHome KD Premier Realty (http://kdpremierrealty.com/agents-and-staffing/)

[OrangeBlossomBaby]

I think either you have it wrong or I have it wrong or I misunderstood. Anyone can use anybody to sell their resale in The Villages. The Villages only uses THEIR STAFF to sell NEW homes. This is only about NEW homes.

It's not about new homes at all. Outside realtors are not allowed to sell new construction in the Villages. The Villages sells their own properties. Once those properties are sold, they are the property of the buyer. The buyer can choose anyone they want (or no one at all) to sell their property, if and when that buyer chooses to sell their home. They can choose an independent realtor, a ReMax realtor, a Fox Realty realtor, their second cousin the realtor, the 4SaleByOwner website with no realtor at all, and the Villages Properties agents. That's why you see so many "Properties of the Villages" signs in the windows of garages of homes that are NOT new, but are for sale.

In fact, if you check out the Daily Sun, you will see an entire section of the paper, every single day, featuring pre-owned homes that are NOT new, being sold through Properties of the Villages.

[vintageogauge]

And have you noticed how many of the MLS realtors don't follow the regulations regarding placement of for sale signs having to be on the inside of a window and a specific size. KD Premier plasters signs all over the place, they had one for sale in our neighborhood and I counted 5 open house signs every time it was open, the large for sale sign was stuck on the garage door, and now it has not only the for sale sign but a pending sign stuck to the garage door. If a company cannot follow deed restrictions what else are they doing wrong, I would not use them or any MLS company that does the same. I would stick with The Villages agents if I were to put our home up for sale.

[JoMar]

And have you noticed how many of the MLS realtors don't follow the regulations regarding placement of for sale signs having to be on the inside of a window and a specific size. KD Premier plasters signs all over the place, they had one for sale in our neighborhood and I counted 5 open house signs every time it was open, the large for sale sign was stuck on the garage door, and now it has not only the for sale sign but a pending sign stuck to the garage door. If a company cannot follow deed restrictions what else are they doing wrong, I would not use them or any MLS company that does the same. I would stick with The Villages agents if I were to put our home up for sale.

FSBO folks also don't follow the rules. Lots of FSBO signs on lawns that are not their property with arrows on several other lawns directing people to their homes. The Villages agents can also put up very large flags in front of their open houses, FSBO folks aren't allowed to do that (but they do).

[Stu from NYC]

FSBO folks also don't follow the rules. Lots of FSBO signs on lawns that are not their property with arrows on several other lawns directing people to their homes. The Villages agents can also put up very large flags in front of their open houses, FSBO folks aren't allowed to do that (but they do).

Not exactly a level playing field is it?

[vintageogauge]

Not exactly a level playing field is it?

It shows their desperation.

[BaylorBear]

If some of you dislike The Villages Real Estate people so much, why did you ever buy a house from them?? Why are you here at all? There are myriad retirement communities in this nation. Why be here if you hate the management so much? Just wondering.....

[coconutmama]

If some of you dislike The Villages Real Estate people so much, why did you ever buy a house from them?? Why are you here at all? There are myriad retirement communities in this nation. Why be here if you hate the management so much? Just wondering.....

I presume it is like a marriage. Most enter into one with stars in their eyes. Later, after you learn more, the blinders come off.

Some marriages work out & some do not.

[Skunky1]

Well that’s wrong! The villages real estate staff can sell new homes and resales!

[GolfGirl122]

If some of you dislike The Villages Real Estate people so much, why did you ever buy a house from them?? Why are you here at all? There are myriad retirement communities in this nation. Why be here if you hate the management so much? Just wondering.....

I don’t think it’s that people “dislike” The Village Real Estate Sales people - but when selling your home or purchasing a resale home, people would like a choice, competition, free enterprise. This isn’t a “company town”, MLS Realtors provide a service that is needed. Residents should be able to choose who they would like to work with and represent them when buying (resale) or selling.

[justjim]

The Village Developer hires their own contractors to build new homes with the stipulation that all new homes will be sold through The Property of The villages which they own. They do the marketing on new homes, have “lifestyle visits” and are the only ones allowed to sell new homes in The villages. Sales people of the villages are employed as private contractors but that is where the issue gets “muddy”. Village sales agents were required to sign a two year non-competitive agreement should they leave to sell re-sales on their own or with a MLS Realtor. The law suit is all about the non-competitive agreement and if it was “legal” under the type of employment rules required by the Property of The villages. It’s above my pay grade and legal knowledge. The courts will decide.

[Skunky1]

I would always use a Realtor. Considering that all roads are public there is a right of way that extends open to all of our yards which can be used by realtors for various signs and flags for the day of the open house.

[golfing eagles]

It shows their desperation.

Yep, that's it. Fastest growing community in the nation for like 10+ years, developers are billionaires, yet you think they are "desperate". Maybe you should start a go fund me page for them:1rotfl::1rotfl::1rotfl:

[graciegirl]

Yep, that's it. Fastest growing community in the nation for like 10+ years, developers are billionaires, yet you think they are "desperate". Maybe you should start a go fund me page for them:1rotfl::1rotfl::1rotfl:

I don't think Vintageogauge said that. (There is something askew this morning with the quotes)

Vintageogauge is a firm supporter of The Villages and the developers.

[graciegirl]

It's not about new homes at all. Outside realtors are not allowed to sell new construction in the Villages. The Villages sells their own properties. Once those properties are sold, they are the property of the buyer. The buyer can choose anyone they want (or no one at all) to sell their property, if and when that buyer chooses to sell their home. They can choose an independent realtor, a ReMax realtor, a Fox Realty realtor, their second cousin the realtor, the 4SaleByOwner website with no realtor at all, and the Villages Properties agents. That's why you see so many "Properties of the Villages" signs in the windows of garages of homes that are NOT new, but are for sale.

In fact, if you check out the Daily Sun, you will see an entire section of the paper, every single day, featuring pre-owned homes that are NOT new, being sold through Properties of the Villages.

Clearly we agree. New homes can only be sold by The Villages staff. Used homes can be sold by anyone, including the owners. We sold our home in Hadley. In fact it was never on the market. Someone from TOTV came to visit us and we were not selling. They said if we did decide to move to a little bigger home they wanted to buy our house. We did and they did.

[wirenail444]

Nobody answered the question----- what was the outcome of the trial of the real estate agents that left the Villages employ?????????????

[HIgolfers]

Nobody answered the question----- what was the outcome of the trial of the real estate agents that left the Villages employ?????????????

It was a bench trial (judge alone). So it’s possible the judge has not rendered his decision yet.

[Villages Kahuna]

I haven’t heard the resolution of the case. But I can speak to the skill of one of the two principal defendants.

I wasn’t inclined to hire Properties of The Villages until he reviewed his record with me. I interviewed him because he was recommended but I was going to hire an “outside” firm. I told him that I wasn’t comfortable with the PoTV reputation for listing pre-owned homes but putting all their effort into selling new homes. He showed me his record for the prior year then he had sold 128 pre-owned homes and only 1 new one. And all his sales were in the central part of TV, between 466 and a mile or so north of 44. Our house was smack in the middle.

He went on to say that he had a data base of interested buyers, with their areas of interest, specs, price range, etc. He said he would “blast” an e-mail to them even before we set a price or signed a listing agreement. I relented and decided to list with him.

When he came the next day to present the comps, let me set the price, and get the listing agreement signed he said we would have to leave the house the next afternoon for four appointments he had already scheduled. We signed the listing agreement and set the asking price near the top of the comps that he provided.

We left the house the next day and before dinner got his call saying we had an all cash offer for our full asking price. We never even had pictures taken.

If his new partner is as good, I can understand why PoTV didn’t want to lose them. We couldn’t have been happier and of course would recommend him highly.

[allsport]

Most people I know who have stayed with TV realtors have a hard time selling because TV pushes sales of new homes. The outside realtors are far more aggressive in the sale of previously owned homes. There are different rules according to where you live in TV. North of 466 can have all kinds of signs.

[acornhome]

Closing arguments were in last Wednesday. Awaiting the judge’s decision.

[Buckeye Bob]

Most people I know who have stayed with TV realtors have a hard time selling because TV pushes sales of new homes. The outside realtors are far more aggressive in the sale of previously owned homes. There are different rules according to where you live in TV. North of 466 can have all kinds of signs.

Somewhere, during all of this, the commission schedule was posted for the Village Realtors. Showed commissions were higher on new homes and went higher as certain levels were reached. Now you know why they stear everyone to new homes even though they listed your pre-owned.

[Travelhunter123]

I haven’t heard the resolution of the case. But I can speak to the skill of one of the two principal defendants.

I wasn’t inclined to hire Properties of The Villages until he reviewed his record with me. I interviewed him because he was recommended but I was going to hire an “outside” firm. I told him that I wasn’t comfortable with the PoTV reputation for listing pre-owned homes but putting all their effort into selling new homes. He showed me his record for the prior year then he had sold 128 pre-owned homes and only 1 new one. And all his sales were in the central part of TV, between 466 and a mile or so north of 44. Our house was smack in the middle.

He went on to say that he had a data base of interested buyers, with their areas of interest, specs, price range, etc. He said he would “blast” an e-mail to them even before we set a price or signed a listing agreement. I relented and decided to list with him.

When he came the next day to present the comps, let me set the price, and get the listing agreement signed he said we would have to leave the house the next afternoon for four appointments he had already scheduled. We signed the listing agreement and set the asking price near the top of the comps that he provided.

We left the house the next day and before dinner got his call saying we had an all cash offer for our full asking price. We never even had pictures taken.

If his new partner is as good, I can understand why PoTV didn’t want to lose them. We couldn’t have been happier and of course would recommend him highly.
Who was it

[merrymini]

We tried to sell our house through the villages. Any agency has numerous realtors and any one of them can be great or a lug. The villages did not work for us and sold our house with an outside realtor. Most experiences of sales are anecdotal but the village’s business is selling new homes. That is where they make their money, not resales. I believe they offer resales as an additional service, after all, they are real estate agents. They are a business and business is there to MAKE MONEY. No problem.

[Ken D.]

Nobody answered the question----- what was the outcome of the trial of the real estate agents that left the Villages employ?????????????

Thanks for your response, you beat me to the punch. Simple question nobody answered.

[banjobob]

We bought our home from The Villages real estate salesman , great experience showed homes when were here visiting on separate occasions followed up for over a year with how you doing phone calls absolutely no pressure and then found us the perfect home we asked for . A beautiful preowned villa in nearly new condition from a couple who were snow birds and were here 3 months per year. We recommend them highly . He also advised a possible sure way of having our offer accepted , which worked. Thanks Phil McQuire for your efforts, I think he has since retired.

[OrangeBlossomBaby]

One of the people named in the suit settled before the trial date. She had to pay $5000 in attorney fees to the Villages, and promise not to "engage in competitive activities" with regards to Villages properties. Of course there's zero competition when a seller doesn't WANT the Villages Properties to represent them in the sale of their home. My next door neighbor refused. She wanted an outside realtor, period. So this settlement doesn't seem like it was all that hurtful, if you take it on face value. As long as the seller doesn't try and get a quote from the Villages Properties, then an outside realtor wouldn't be competing against them.

2nd post, the very first response to the OP. I told you what happened to one of the defendants.

[hrenner]

I think either you have it wrong or I have it wrong or I misunderstood. Anyone can use anybody to sell their resale in The Villages. The Villages only uses THEIR STAFF to sell NEW homes. This is only about NEW homes.
Wrong. Used homes also

[Villages Kahuna]

Who was it

Jason Kranz

[72eagleman]

A non-compete agreement is quite standard for most sales jobs. They can only restrict the non-compete to the the actual marketing area. In this case any former agent could be employed outside the three counties to sell real estate without any issues.

[fcgiii]

we just signed a contract on a house in Lake Deaton, sold by the Villages Realty, and the for sale sign was on the garage door.

[bilcon]

What happened to the original post: What is going on at the Trial?

[NewJerseyCop]

Anyone who has ever sold new homes for TV should file a complaint with the US Department of Labor for back pay. Why?

I interviewed for a salespersons position in TV. After a lengthy interview.... of course I wasn't accept. Why?
Because I know too much about what is and what isn't a "contract commission agent". I asked too many questions about being compensated regarding giving tours of the new homes......being a 'taxi driver' for those visiting and staying for the life style visits and about other mandatory meetings you are required to attend. In essence.....they are employees and not 'contract agents'.
Do I think any judge is going to go against TV? No. Those agents will lose.....but they may be owed back pay for doing all the 'employee' things they were required to do.

[vintageogauge]

I would always use a Realtor. Considering that all roads are public there is a right of way that extends open to all of our yards which can be used by realtors for various signs and flags for the day of the open house.

Those rights of way are regulated by the holder which is TV, they set the regulations allowing only one sign, not 5.

[vintageogauge]

Yep, that's it. Fastest growing community in the nation for like 10+ years, developers are billionaires, yet you think they are "desperate". Maybe you should start a go fund me page for them:1rotfl::1rotfl::1rotfl:

To be totally informed and to understand replies you have to read all of the posts. My reply was in reference to KD not The Villages.

[vintageogauge]

Most people I know who have stayed with TV realtors have a hard time selling because TV pushes sales of new homes. The outside realtors are far more aggressive in the sale of previously owned homes. There are different rules according to where you live in TV. North of 466 can have all kinds of signs.

For the month of March TV sold 317 re-sales, more than 10 per day and more than all MLS agents combined and more than the number of new homes that they sold. These TV agents, between new and used homes, are selling over 500 homes every month. So, how can you state that the TV agents have a hard time selling????

[graciegirl]

Anyone who has ever sold new homes for TV should file a complaint with the US Department of Labor for back pay. Why?

I interviewed for a salespersons position in TV. After a lengthy interview.... of course I wasn't accept. Why?
Because I know too much about what is and what isn't a "contract commission agent". I asked too many questions about being compensated regarding giving tours of the new homes......being a 'taxi driver' for those visiting and staying for the life style visits and about other mandatory meetings you are required to attend. In essence.....they are employees and not 'contract agents'.
Do I think any judge is going to go against TV? No. Those agents will lose.....but they may be owed back pay for doing all the 'employee' things they were required to do.

My guess is that you were not hired because of an attitude. They don't usually hire anyone with an attitude or who will use a STRONG selling technique. They don't have to. People are lined up to buy their homes. One of the things that won me over is the fact that the person that showed us houses NEVER called us back. I loved NOT being pressured.

[DAVES]

If some of you dislike The Villages Real Estate people so much, why did you ever buy a house from them?? Why are you here at all? There are myriad retirement communities in this nation. Why be here if you hate the management so much? Just wondering.....

A friend has said people as they get older do not get better they get worse. Some of this, according to me, is a symptom of the covid 19 pandemic. It has been a year plus.
I confess, I need to get out more.

You can learn something from everyone. Sometimes what we learn is we do not want to be like them.

[stebooo]

You are exactly who the villages is looking for. To restrict the potential sale of one of your largest investments to the number of signs put out for an open house is just foolishness my friend. You have truly drank the cool aid as they say.☹️

[Aloha1]

Jason Kranz

Jason is one of the most honest, low key sales people I have ever had the pleasure to do business with. I wish him success in this lawsuit. And I would list with him in a heartbeat if we ever wanted to sell.

[vintageogauge]

You are exactly who the villages is looking for. To restrict the potential sale of one of your largest investments to the number of signs put out for an open house is just foolishness my friend. You have truly drank the cool aid as they say.☹️

I don't like looking at the signs all over the place. We have had 5 sold homes on our street of 8 homes, all very fast, all with TV agents, all with one sign. It is not foolishness, it's a slap in the face to all of us that follow the rules. No different than those that feel they are exempt from driving their golf cars 20 MPH and jake them up to 25 or higher. Also my home is by no means my largest investment. How can you say that the the one sign rule is restricting the sale of a home when all of the Villages agents are following the rule and are out-selling all of the MLS agents combined. That is not foolishness my friend.

[Marathon Man]

You are exactly who the villages is looking for. To restrict the potential sale of one of your largest investments to the number of signs put out for an open house is just foolishness my friend. You have truly drank the cool aid as they say.☹️

The internet has nearly eliminated the need for signs. Who isn't searching on line these days?

[acornhome]

Nobody answered the question----- what was the outcome of the trial of the real estate agents that left the Villages employ?????????????
The closing arguments were in last Wednesday and waiting for judge’s decision. I went to the trial in Tampa

[newgirl]

No, it is about any client the Villiages has ever had new or resell. I pray the Villages loses. When you are a 1099, nobody should get a say in where you choose to hold your license. If the villages win this other big companies ( with $$$$$) will take out all the mom and pop firms not to mention, employers who hire independent contractors do not pay taxes or social security on these people, no benefits etc, so if this case goes to the developer then anyone working for themselves in a 1099 manner should fear for their professional lives. No company should be able to tell a none employee that they may no longer make a living using the license they themselves earned, paid for, and paid self employment taxes on.
It is sad one person has already been terrified into agreeing to pay a dime. Caldwell Banker , Centrey 21, Wells fargo all do not even try a stunt like this.

[vintageogauge]

Well, one for TV and zero for NextHome. I'm sure they'll figure out a way to have someone else sell for them for the next 18 months.

[Aloha1]

Well, one for TV and zero for NextHome. I'm sure they'll figure out a way to have someone else sell for them for the next 18 months.

Did the Judge release his conclusion?

[Kahuna32162]

Story is up on the online news source that can’t be mentioned, over 600,000 in damages and no sales for 18 months....ouch.

[Jim 9922]

For TV , actually $600,000+, and validation of the legality of their non-compete contract, and return of apparently stolen property. More than zero for NextHome, actually negative $600,000+, and loss of legal fees, and required return of apparent stolen property. If they didn't want to abide by the "rules" while benefiting from the value of TV "sales engine" and earning half a million a year they shouldn't have signed the contracts. I shed no tears for the break-away's because Florida is a big state with plenty of room for them to live off of their supposed superior marketing skills outside of The Villages area for the next18 months.

[Ben Franklin]

After I retired, I became a Realtor. A Realtor is an independent contractor for the real estate company they hang their license with. A Realtor is required to take 60 hours of real estate law and other legal issues and pass with 70% or higher, and then take 14 hours of continuing education every two years, plus an ethics course. TV sales people are NOT Realtors; they are simply agents for the developers. I'm not sure TV agents have to be licensed, although I'm not positive.

I decided not to use my RE license when I moved here, because I wouldn't want to work for a developer, and if I worked for a MLS Real Estate company, I didn't like the idea that there is no reciprocity with TV. I could conceivably work with people who also were using a TV agent, and if they decided on a home listed by TV, then I used up a lot of my time and gas without making any money, and actually end up losing money.

I found developers to be a funny bunch, anywhere. They don't like to use outside Realtors, unless they have a hard time selling their product, and then they will plead with outside Realtors, and offer a higher commission to sell their products.

I wish those agents well.

[vintageogauge]

There is something I noticed in the classified ads during this period of the losers selling via NextHome. There were zero ads in the Daily Sun for their listings and open houses and that is probably why they had out 4 or 5 signs for a single open house.

[JoMar]

No, it is about any client the Villiages has ever had new or resell. I pray the Villages loses. When you are a 1099, nobody should get a say in where you choose to hold your license. If the villages win this other big companies ( with $$$$$) will take out all the mom and pop firms not to mention, employers who hire independent contractors do not pay taxes or social security on these people, no benefits etc, so if this case goes to the developer then anyone working for themselves in a 1099 manner should fear for their professional lives. No company should be able to tell a none employee that they may no longer make a living using the license they themselves earned, paid for, and paid self employment taxes on.
It is sad one person has already been terrified into agreeing to pay a dime. Caldwell Banker , Centrey 21, Wells fargo all do not even try a stunt like this.

Then they shouldn't have agreed to the terms of their agreement with TV. If you can't honor what you agreed to you should fear for your professional lives.

[Marathon Man]

No, it is about any client the Villiages has ever had new or resell. I pray the Villages loses. When you are a 1099, nobody should get a say in where you choose to hold your license. If the villages win this other big companies ( with $$$$$) will take out all the mom and pop firms not to mention, employers who hire independent contractors do not pay taxes or social security on these people, no benefits etc, so if this case goes to the developer then anyone working for themselves in a 1099 manner should fear for their professional lives. No company should be able to tell a none employee that they may no longer make a living using the license they themselves earned, paid for, and paid self employment taxes on.
It is sad one person has already been terrified into agreeing to pay a dime. Caldwell Banker , Centrey 21, Wells fargo all do not even try a stunt like this.

No one is telling anyone that they can not make a living. Properties of The Villages are simply asking that the defendants abide the terms of a contract that they signed, and return stolen property that they took with them. So, you are praying that contracts need not be followed and that stealing is OK.

BTW, the judge felt otherwise also.

[vintageogauge]

No, it is about any client the Villiages has ever had new or resell. I pray the Villages loses. When you are a 1099, nobody should get a say in where you choose to hold your license. If the villages win this other big companies ( with $$$$$) will take out all the mom and pop firms not to mention, employers who hire independent contractors do not pay taxes or social security on these people, no benefits etc, so if this case goes to the developer then anyone working for themselves in a 1099 manner should fear for their professional lives. No company should be able to tell a none employee that they may no longer make a living using the license they themselves earned, paid for, and paid self employment taxes on.
It is sad one person has already been terrified into agreeing to pay a dime. Caldwell Banker , Centrey 21, Wells fargo all do not even try a stunt like this.

They can earn a living with their license, just not within The Villages. Home sales are booming throughout the state, they will just have to move their efforts to another community. Who knows, they may do so well that they will never come back.

[OrangeBlossomBaby]

After I retired, I became a Realtor. A Realtor is an independent contractor for the real estate company they hang their license with. A Realtor is required to take 60 hours of real estate law and other legal issues and pass with 70% or higher, and then take 14 hours of continuing education every two years, plus an ethics course. TV sales people are NOT Realtors; they are simply agents for the developers. I'm not sure TV agents have to be licensed, although I'm not positive.

I decided not to use my RE license when I moved here, because I wouldn't want to work for a developer, and if I worked for a MLS Real Estate company, I didn't like the idea that there is no reciprocity with TV. I could conceivably work with people who also were using a TV agent, and if they decided on a home listed by TV, then I used up a lot of my time and gas without making any money, and actually end up losing money.

I found developers to be a funny bunch, anywhere. They don't like to use outside Realtors, unless they have a hard time selling their product, and then they will plead with outside Realtors, and offer a higher commission to sell their products.

I wish those agents well.

But the ONLY homes that the developers have any control over, as to who represents the seller, are developer-owned properties. Which is to say, new construction only.

Anything that an individual person purchased from the Developer, is no longer the Developer's to decide who gets to sell the property.

I, an individual homeowner of both house and land that the house sits on, gets to decide who I want to represent me in selling my house. There exists no agreement that *I* signed, stating otherwise.

In fact, if I want to use no agent at all, I have the right to do so. If I want to use any licensed realtor in Florida, even one who mostly does business in the Keys and hasn't ever sold a house in the Villages ever, I may do so.

If I want to use a particular agent - maybe the one who sold me my house when I bought it - and that agent is licensed to sell homes, I have the right to have that agent as my listing agent.

But now, the judge is saying - that if the agent I want to be my listing agent, works for that ONE agency - then I'm not allowed to have that agent.

That seems like a pretty huge enormous conflict there. The developer's right to exclusivity is trumping my right to use a properly licensed realtor of my choosing, on a house I - not the developer - owns.

[Boston-Sean]

A
I found developers to be a funny bunch, anywhere. They don't like to use outside Realtors, unless they have a hard time selling their product, and then they will plead with outside Realtors, and offer a higher commission to sell their products.

I wish those agents well.

Are you trying to say that Developers act in their own best financial interests?????

Shocking. Just shocking.

[Boston-Sean]

The response by Jennifer Parr when she heard that those realtors were marketing themselves as "Elite" is classic. Still makes me laugh.

All I did was read the news stories about the trial but it seemed pretty cut and dried to me. They signed a contract. They violated that contract.

Now they get to pay up.

[Aloha1]

Story is up on the online news source that can’t be mentioned, over 600,000 in damages and no sales for 18 months....ouch.

Sad. Looks like they were legally outgunned.

[unialimon]

Any update? Re:Trail Regarding the Agents that left TV real estate firm to start own?

Is that a bike trail?

[dewilson58]

Will be interesting to see if there are criminal charges around the corner.

[Aloha1]

Will be interesting to see if there are criminal charges around the corner.

I would doubt it. More likely nothing. Pay the $$ and move on. 18 months isn't much and my understanding is they are not prohibited from having other agents sell for their company as long as they are not doing the selling.

[Villageswimmer]

But the ONLY homes that the developers have any control over, as to who represents the seller, are developer-owned properties. Which is to say, new construction only.

Anything that an individual person purchased from the Developer, is no longer the Developer's to decide who gets to sell the property.

I, an individual homeowner of both house and land that the house sits on, gets to decide who I want to represent me in selling my house. There exists no agreement that *I* signed, stating otherwise.

In fact, if I want to use no agent at all, I have the right to do so. If I want to use any licensed realtor in Florida, even one who mostly does business in the Keys and hasn't ever sold a house in the Villages ever, I may do so.

If I want to use a particular agent - maybe the one who sold me my house when I bought it - and that agent is licensed to sell homes, I have the right to have that agent as my listing agent.

But now, the judge is saying - that if the agent I want to be my listing agent, works for that ONE agency - then I'm not allowed to have that agent.

That seems like a pretty huge enormous conflict there. The developer's right to exclusivity is trumping my right to use a properly licensed realtor of my choosing, on a house I - not the developer - owns.


Excellent point. I wonder whether the judge thought the repercussions through. Seems like the hefty fine would have been enough.

[dewilson58]

But now, the judge is saying - that if the agent I want to be my listing agent, works for that ONE agency - then I'm not allowed to have that agent.


It's not the Judge saying, it's the agreement signed by both parties.
The Judge just enforced the agreement.

[OrangeBlossomBaby]

It's not the Judge saying, it's the agreement signed by both parties.
The Judge just enforced the agreement.

Well then.

These particular agents were top-selling agents when they worked for the Villages. That means there are a lot of happy home-owners here, because of these particular agents.

I would suggest and recommend, that anyone who bought from them, who are considering selling their properties at some point in the next couple of years, make sure to show their appreciation for the good job their agent did, by contracting with them to sell THEIR homes when the time comes. After the next 18 months has passed, of course.

[Pairadocs]

Not exactly a level playing field is it?

That's for sure. I definitely believe in covenants and reasonable restrictions to protect everyone's property value (even of "offenders") but agree that limiting citizens down to the most minute detail of signs to sell their own property (which is always a finite time frame anyway, is nothing like complaining about someone building a giant windmill in the front yard, or painting a home bright beach cottage aqua, and such. It's a temporary thing when a home is for sale, thereby, it really does not impact property valuations; if anyone was driving in a neighborhood and saw big nylon Properties of the Villages flags in the yard, or saw a big "for sale by Dale's Real-estate" on the garage or lawn, no one with clear thinking would conclude "I sure don't want to buy in this neighborhood, not with those SIGNS" ! ! Seems like this goes way past reasonable and logical protection of the value of the community and individual homes, this smacks more of infringement of personal liberty and rights, or, could also be interpreted as controlling commerce to the exclusive advantage of one business, and making it a more attractive option by allowing that one to do certain things no others are allowed to do. I don't want an unsightly community, but have always thought anyone should be able to place a reasonable (agreed upon maximum) sign in their yard with a limit of one, maybe two (front and back) but certainly it could be agreed what would be a reasonable community standard !

[mike234]

this case is over....judgement for the villages. the breakaway people owe the villages some money, and must stop doing what they are doing......it was announced recently....

[mike234]

https://www.**************.com/2021/04/24/rogue-real-estate-representatives-ordered-to-pay-603700-to-the-villages/

[mike234]

well my link did not work....it was posted in the villages news a couple of days ago

[charlieo1126@gmail.com]

Will be interesting to see if there are criminal charges around the corner. this was a civil case and the realtors lost and have to pay . These non compete are coming even high end hair salons have them and in some news stories a few months ago fast food places had some non competes until the light got shined on them and they got rid of many . There’s nothing wrong in training and investing in people and protecting your investment for a certain amount of time . They will be fine , I hear they are doing well on west coast and maybe they come back maybe they don’t . Remember if any of us don’t like the terms of anything put in front of us don’t sign

[Stu from NYC]

this was a civil case and the realtors lost and have to pay . These non compete are coming even high end hair salons have them and in some news stories a few months ago fast food places had some non competes until the light got shined on them and they got rid of many . There’s nothing wrong in training and investing in people and protecting your investment for a certain amount of time . They will be fine , I hear they are doing well on west coast and maybe they come back maybe they don’t . Remember if any of us don’t like the terms of anything put in front of us don’t sign

Unfortunately many of us (and I have been guilty once or twice) often do not read the fine print.

[dewilson58]

this was a civil case and the realtors lost and have to pay .

Stole records, which are company assets, which is criminal.

[ditka41]

Is there a special trail to someplace for watching the trial? --Couldn't resist, sorry!

[PennBF]

There are plenty of arguments in the posts regarding personal opinions. That is a waste of time and tends to mislead. The facts of this case are really based on the IRS rules governing the difference between a "Contractor and an Employee". Before commenting on the outcome of the suit a person should read and understand these rules. Given this I personally would conclude the Real Estate persons were in fact treated as Employees as opposed to Contractors. Others may interpret the law differently? If I am correct then allegedly this was an incorrect reading of the rules and they may want to appeal. Being a "non legal" person these are only my opinion and based on the reading of the IRS Rules? I would add that I worked for a major corporation and our Managers attended meetings on an annual basis to understand how to treat a contractor and avoid the pitfalls that would put the contractor into the category of an employee. If a manager actually had a contractor working under him/her then they were given additional training. Simply go to
the Internet and ask for IRS Rules governing Contractors vs Employee. :ho:

[Carla B]

I also wonder about the employee vs. contractor aspect, as far as the IRS is concerned. And when Properties of The Villages lets an agent go, what happens to the non-compete clause?

[gatorbill1]

I was always told that Florida has the best judges that money can buy

[TNGary]

Recent update:
Rogue real estate representatives who broke from and competed against The Villages have been ordered to pay $603,700 in damages to their former boss.

Judge James Moody Jr. has also ruled that Jason Kranz, Christopher Day, Angela Kranz, Nanette Elliott, Angie Taylor and KD Premier Realty are enjoined from doing business as real estate brokers or agents in The Villages for a period of 18-months beginning June 1.

The ruling was announced Friday after a five-day trial earlier this month in federal court in Tampa.
It is a major victory for The Villages which claimed the former sales representatives were in violation of independent contractor agreements that included non-compete clauses. The judge also denied the former sales representatives’ claims that they were owed overtime compensation. They had argued they were treated more like employees than independent contractors.


https://www.**************.com/2021/04/24/rogue-real-estate-representatives-ordered-to-pay-603700-to-the-villages/?utm_source=**************.com+Subscribers&utm_campaign=05e6257a55-EMAIL_CAMPAIGN_2021_04_28_10_44&utm_medium=email&utm_term=0_988b7015ed-05e6257a55-380738009

[newchapter]

Totally agree! Jason is honest, not pushy, hard working, and professional. We have bought 2 homes in TV with Jason. The court decision has been made.

[bilcon]

I was current on the various testimonies by the plaintiff and defendants of a couple weeks ago but have not heard any news since.
Case still active? Settlement? Judgment?
Thank you

I read in the other NEWS that they have to pay $600,000 to TV and cannot do business in TV for 18 MOS

[graciegirl]

The closing arguments were in last Wednesday and waiting for judge’s decision. I went to the trial in Tampa

Why?

[manaboutown]

Why?

The post to which you just responded is dated 4/20/21, almost four months ago.

[vintageogauge]

I just read that they have an order to garnishee their wages, at least the two men that were involved.