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listed broker commisions
- Thread starter lxgdale
- Start date
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system
Guest
Court
did you happen to cancel your listing agreement with that
realtor ? and then listed with someone else ?
then have that same buyer from the old realtor who made the offer at $675k buy the house with another realtor ?
if you did, then you might owe her some commission.
did you happen to cancel your listing agreement with that
realtor ? and then listed with someone else ?
then have that same buyer from the old realtor who made the offer at $675k buy the house with another realtor ?
if you did, then you might owe her some commission.
My contract with brocker was from December 2001 to May 2002.
In March 2002 she broght the customer with 50.000$ less than asking price offer.We rejected this offer and decided not to sell our house at all. In September 2003 (In more than 1 year after the ending of our contract ) I sold my house by myself, not even using the brocker, to absolutly new buyer who just relocated in Boston and never was on list or saw my property.
In March 2002 she broght the customer with 50.000$ less than asking price offer.We rejected this offer and decided not to sell our house at all. In September 2003 (In more than 1 year after the ending of our contract ) I sold my house by myself, not even using the brocker, to absolutly new buyer who just relocated in Boston and never was on list or saw my property.
lxgdale said:My contract with brocker was from December 2001 to May 2002.
In March 2002 she broght the customer with 50.000$ less than asking price offer.We rejected this offer and decided not to sell our house at all. In September 2003 (In more than 1 year after the ending of our contract ) I sold my house by myself, not even using the brocker, to absolutly new buyer who just relocated in Boston and never was on list or saw my property.
**A: then on what basis is the broker claiming that you actually owe the commission money? There has to more to this story.
She accused us, that we decided not to take an offer and stoped selling our house because of personal reasons (not because of small offer) and, thus just used her (bad faith). Her attorneys started to send us threated letters after we sold our house, i.e in 1.5 year after she brought the offer.
lxgdale said:She accused us, that we decided not to take an offer and stoped selling our house because of personal reasons (not because of small offer) and, thus just used her (bad faith). Her attorneys started to send us threated letters after we sold our house, i.e in 1.5 year after she brought the offer.
**A: I just don't get it. Where in any situation is the attorney stating that you are contractually obligated to pay a commission? First, the offer that was presented to you was below list price and not accepted. Next, the listing contract had already expired before you sole the home on your own.
There must be something you are not telling us. That being that you took the property off the market and refused to show it or cooperate with your listing agent even before the termination date of your listing contract. Am I correct?
Details please.
I am telling you all the true, otherwice what the reason to ask advice? I am anonymous, I am not in the court, why should I hide anything? I can add some personal information, but I do not think it can affect law sight of our matter. We put our house on market, because my husband and I decided to divorce. By the time we get an offer, we changed our mind, but decided to continue selling in case we can take a good money. The price of house was confirmed by our brocker ($725.000). When we receive the 50.000$ less offer, we decided not to sell it at all. Our brocker was very disappointed by our decision. I felt very guilty and have refered her to my friends who were looking for a house and selling their old one. Being short, she made 4 transactions using my reference. And then all I already wrote: In a 1.5 year I sold our house to totally new person from other city. When she found it out, she probably became very angry,jealose or envy. I do not know what personal reason she have. For me, it looks like trying to spoil our life a little. The first letter from attorney came in October 2003 (in a month after sail) from Needham, MA where he wrote, that
"you had a contract from 10 December 2001 to 31 May 2002, Your brocker aggressevly marketing of your property. After showing the residence to numerous buyers and brockers, on March 29 2002 she presented the reasonable offer from ready, willing and able to purchase buyer. Upon receiving the offer, you informed the brocker, that you had no interest to entertaining the offer or suggest the counter-offer . You sited the "personal reason" for this out-of-hand rejection. Your brocker was a victim of bad faith and deception." etc.
demanding 13.000 commisions for 675.000 offer.
We did not answer.
In Febrary 2003, we received another letter (not even registered)from different attorney (Somehow, the attorney office is in LA) with a treat to take us in a court if we do not pay 13.000 within 3 days.
That is the whole story.
"you had a contract from 10 December 2001 to 31 May 2002, Your brocker aggressevly marketing of your property. After showing the residence to numerous buyers and brockers, on March 29 2002 she presented the reasonable offer from ready, willing and able to purchase buyer. Upon receiving the offer, you informed the brocker, that you had no interest to entertaining the offer or suggest the counter-offer . You sited the "personal reason" for this out-of-hand rejection. Your brocker was a victim of bad faith and deception." etc.
demanding 13.000 commisions for 675.000 offer.
We did not answer.
In Febrary 2003, we received another letter (not even registered)from different attorney (Somehow, the attorney office is in LA) with a treat to take us in a court if we do not pay 13.000 within 3 days.
That is the whole story.
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system
Guest
I don't see any wrongdoing on your part here..
the broker is probably just coercing you to pay the commission..
My lawyer would probably tell me to counter sue ..for stress (something)
the broker is probably just coercing you to pay the commission..
My lawyer would probably tell me to counter sue ..for stress (something)
lxgdale said:I am telling you all the true, otherwice what the reason to ask advice? I am anonymous, I am not in the court, why should I hide anything? I can add some personal information, but I do not think it can affect law sight of our matter. We put our house on market, because my husband and I decided to divorce. By the time we get an offer, we changed our mind, but decided to continue selling in case we can take a good money. The price of house was confirmed by our brocker ($725.000). When we receive the 50.000$ less offer, we decided not to sell it at all. Our brocker was very disappointed by our decision. I felt very guilty and have refered her to my friends who were looking for a house and selling their old one. Being short, she made 4 transactions using my reference. And then all I already wrote: In a 1.5 year I sold our house to totally new person from other city. When she found it out, she probably became very angry,jealose or envy. I do not know what personal reason she have. For me, it looks like trying to spoil our life a little. The first letter from attorney came in October 2003 (in a month after sail) from Needham, MA where he wrote, that
"you had a contract from 10 December 2001 to 31 May 2002, Your brocker aggressevly marketing of your property. After showing the residence to numerous buyers and brockers, on March 29 2002 she presented the reasonable offer from ready, willing and able to purchase buyer. Upon receiving the offer, you informed the brocker, that you had no interest to entertaining the offer or suggest the counter-offer . You sited the "personal reason" for this out-of-hand rejection. Your brocker was a victim of bad faith and deception." etc.
demanding 13.000 commisions for 675.000 offer.
We did not answer.
In Febrary 2003, we received another letter (not even registered)from different attorney (Somehow, the attorney office is in LA) with a treat to take us in a court if we do not pay 13.000 within 3 days.
That is the whole story.
**A: ok, what did you tell this agent were the reasons that you were not going to accept the offer?
lxgdale said:we told, that we do not want to sell the house anymore.
**A: you should have mutually agreed to terminate the listing contract in writing. In any case, you were not obligated to accept the offer and should have wrote rejected on the contract and given it back to the broker.
Unfortunatly, we did not do it in written, but 2 years ago, she did not make any claims agains us, more of that, I helped her to find the proper house for my friends and so on.
Anyway, from the point of law, does she have any posibility to win the case? And what we can do to stop her to send us the letters?
Anyway, from the point of law, does she have any posibility to win the case? And what we can do to stop her to send us the letters?
lxgdale said:Unfortunatly, we did not do it in written, but 2 years ago, she did not make any claims agains us, more of that, I helped her to find the proper house for my friends and so on.
Anyway, from the point of law, does she have any posibility to win the case? And what we can do to stop her to send us the letters?
**A: I came up with an entire defense for your case and I suggest you hire an attorney at this point to do the same.