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Old 01-09-2015, 06:15 PM
 
1 posts, read 818 times
Reputation: 10

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So I listed my home with a realtor under the move program who charged me a total of 4 percent commission which would be 1 percent for her and 3 percent for the other agent. I signed a contract to build a home with a builder to use her as my agent. My home sold and closed and was waiting for my new home to be built. There were some issues between me and the builder that we could not resolve and ended up canceling my contract with them. Now my realtor is trying to collect the remaining 2 percent commission since I cancelled my contract with the building, does she have recourse in any way?
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Old 01-09-2015, 06:51 PM
 
874 posts, read 1,168,264 times
Reputation: 1060
We can't answer that here. We have no knowledge of your contract and our advice would be dubious at best. I would recommend you seek the counsel of an attorney.
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Old 01-09-2015, 07:25 PM
 
Location: New Braunfels, TX
6,282 posts, read 9,061,345 times
Reputation: 6392
I can tell you that you'll likely spend more in attorney fees than it'd be worth. Try to reach a compromise - you obviously need another place, just use her as your Realtor and let her recoup that way.
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Old 01-10-2015, 04:27 PM
 
447 posts, read 583,194 times
Reputation: 788
Quote:
I can tell you that you'll likely spend more in attorney fees than it'd be worth.
Depends on the house. If he was going to build a 300k or 400k home, 2% of that is six to eight thousand dollars. An attorney can look at his contract and do some preliminary paperwork, etc. for a fraction of that cost. Obviously launching or defending a lawsuit over that amount is probably a bad idea, but simply getting an attorney's advice could be helpful.

Quote:
We can't answer that here. We have no knowledge of your contract and our advice would be dubious at best. I would recommend you seek the counsel of an attorney.
Quote:
Try to reach a compromise - you obviously need another place, just use her as your Realtor and let her recoup that way.
I completely agree with both of these ideas. This is a legal problem - you need advice from a lawyer, not an internet forum. Talk to a lawyer or try to work a compromise out with the realtor.
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Old 01-10-2015, 04:55 PM
 
Location: Texas
5,621 posts, read 13,091,211 times
Reputation: 10716
So you pretty much expect her to work for free? How many days a year do you work for free? I can assure you, a 1% commission is is no paycheck compared to expenses a Realtor sees. Most often it doesn't cover money spent to sell and market your house, gas, cost of the car, cell phone, office space, internet, and any advertising.....but maybe you think that's all free too. Pay the Realtor their due, they've worked for it.
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Old 01-11-2015, 04:46 AM
 
Location: San Antonio
4,147 posts, read 9,337,051 times
Reputation: 3308
Quote:
Originally Posted by TrapperL View Post
So you pretty much expect her to work for free? How many days a year do you work for free? I can assure you, a 1% commission is is no paycheck compared to expenses a Realtor sees. Most often it doesn't cover money spent to sell and market your house, gas, cost of the car, cell phone, office space, internet, and any advertising.....but maybe you think that's all free too. Pay the Realtor their due, they've worked for it.
^^^^ this

The deal the agent made with you was them doing you a favor and deferring their payment. It was to help you out. Now you're looking to screw them. They did what you hired them to do and you're trying to be a cheapskate. This isn't a hobby. It's how they eat. It's how they pay their mortgage and while you may not think it's any work, it's actually a ton of work. And you'd be the first to call complaining if it was taking longer than you thought it should to sell.

What an agent actually takes home is usually half or less than the commission charged because of expenses. Man up and give them what you owe them.

Can they sue you? Probably. Depends on how your contract was written, but they probably can. And should. Don't be a jerk. Think about if your boss just walked in and said they decided they weren't going to pay you as much this year because they had an unforeseen expense pop up.
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Old 01-11-2015, 09:14 AM
 
Location: San Antonio
132 posts, read 173,831 times
Reputation: 94
I'm not a lawyer, but I would take a second look at the original contract and see if there was anything in there that said you would have to pay a commission regardless of the outcome, even if the contract was cancelled.

Being that you said your house was sold, you have money to pay the commission. You should do the morally right thing by paying the person for the work they did for you or come to some sort of compromise. If you walk way not paying anything, don't be surprised if your name gets passed around and contracts dealing with you become even more iron clad and expensive.
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Old 01-11-2015, 09:37 AM
 
500 posts, read 802,213 times
Reputation: 397
Sounds to me like a standard contingency deal. I would be surprised if you had any recourse to get out of paying the extra points. Paying what this agent was owed would be the right thing to do in any case.
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