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What you said here is false. As said in the link, the claim for tortuous interference requires breach. There would be no breach is the agent agreed to reduce his commission.
I disagree. Why is the agent having to reduce the commission? Because the seller is coercing him to reduce it in order to make a deal. The agent would have been acting under duress. The only reason an agent would reduce the commission in a situation where someone is interfering is because the seller has probably threatened to cancel the listing agreement, or other threats if the commission is not reduced.
Quote:
Duress:
1.compulsion by threat or force; coercion; constraint.
2.Law . such constraint or coercion as will render void a contract or other legal act entered or performed under its influence.
The buyer interfered with the contract, the seller breached the agreement by coercing the agent to reduce the commission, and the agent was damaged.
I suggest anyone obtain an opinion from their attorney before ever getting involved in interfering with a third party contract.
As I said, my attorney would be my first call.
Quote:
Damages
Typical legal remedies for tortious interference include economic losses if they can be proven with certainty and mental distress. Additionally punitive damages may be awarded if malice on the part of the wrongdoer can be established.
Is it worth the risk?
Last edited by Captain Bill; 08-05-2012 at 12:46 PM..
This case is about a consultant, rigging quality tests to fail so that the city could get out of paying a contractor. Are you really holding this up as a legitimate comparison to the subject at hand?
Now I am of the opinion that there is no offer, and that your thread was started in order to rant against Realtor commissions.
We got that clarified already. He attached the offer as a .pdf and then the email was essentially what he would have said verbally to the agent if he trusted the listing agent. But he put it in writing because he wanted to ensure that the seller saw it. Hence, his desire to get clarification if we had to pass along the email or not. I think it is a legitimate question.
His name is RESkeptic. You were expecting him to come out singing Kumbaya? He stated his bias just with his username. Just like we get to state ours when we write Real Estate Agent, etc under our names.
Geez this thread. I think the skeptic is sitting there laughing his azz off that he got so many real estate agents all fired up about this whole thing. There's really no point in arguing with someone like him and it may never have even happened.
Boys and girls, we've been had. It was fun but it's time to move on. Troll, pure and simple, who achieved exactly what he wanted. No more feed, please.
Question for all you real estate agents out there:
Don't you kind of want to renegotiate the agreement with your seller if this situation arises. I understand that it would be great to be dual agent and get both sides of the commission. But do you really think that is going to happen when the buyer is specifically looking on his own in an effort to reduce the net price.
Is there really any chance that you are going to get the full 6% commission? There is no way that the buyer is just going to give it to you. He is after all the one who found the house. But forget about fairness, you are providing him with absolutely no incentive to use you. He saves zero dollars. At the very least he can get a full service agent who will serve only his interests. Plus he is probably not going to be your biggest fan. Plus he can probably find a realtor to rebate him a significant portion of the commission.
So what I am saying is that there is virtually no chance that you earn a 6% commission. In fact when you take on the listing you are really just hoping for a quick sale with a 3% commission. So I just don't get why you wouldn't jump at a chance to wrap up the sale and make a little extra money. Wouldn't you rather take 4% and pass on a 1% savings to both buyer and seller than have the buyer bring another agent to the table and stick you with a 3% commission. It seems like a win-win-win. I just don't get how it is in your own best interest to hold the line on this.
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