By Michael Chulak

I am a licensed real estate agent working for a large franchised brokerage firm. I was recently seriously injured in connection with my work, which I reported to my broker. I was advised that the company does not carry workers’ compensation insurance because it considers its agents to be independent contractors. Do I have any recourse? 

Yes. Although independent contractors are generally excluded from coverage under workers’ compensation laws, the State Department of Industrial Relations and Employment Development Department have taken the position that real estate agents are to be treated as employees for workers’ compensation insurance purposes. You should contact an employment lawyer to secure your rights. Your employer can still be held liable.

I work for a title insurance company as a title agent. I am aware that my employer is not permitted by law to compensate real estate agents for referring business to us. Can I, as an individual, provide compensation to real estate agents in order to obtain business?

No. An employee of a title insurance company who pays compensation or other consideration (directly or indirectly) to a real estate licensee, or a real estate licensee who receives such compensation or other consideration from an employee of a title insurance company (as an inducement to receive business) is guilty of commercial bribery pursuant to section 641.4 of the California Penal Code.

Commercial bribery is punishable by imprisonment in a county jail for not more than one year, or by a fine of $10,000 for each unlawful transaction, or by both.

Our homeowner association is holding several unpaid small claims court judgments resulting from the non-payment of assessments. How can we collect the amounts owing?

There is insufficient space available to describe all of the collection alternatives available to you.

Assuming you have a management company, it should be able to assist you by holding a debtor’s examination and then selecting one or more courses of collection action. This is a service that high level management companies generally offer their clients. Some alternatives include:

Garnishing wages, Seizing accounts receivable, Seizing rental income, Seizing bank and/or savings accounts, Seizing securities and Seizing other non-exempt personal property.

Regardless of the course(s) of collection action taken, an abstract of judgment should always be recorded in the county or counties where the debtor is most likely to own or acquire real property.  The recordation of an abstract of judgment will cause the judgment to “attach itself” to any real property owned or later acquired by the debtor. It is effective for ten years and can be renewed.

Michael T. Chulak is the founder of Michael T. Chulak & Associates, a Law Corporation, based in Agoura Hills. Questions can be sent by e-mail to info@MTCLaw.com. Answers are general in nature.  An attorney should always be consulted when legal advice is needed.