Re: Is Realtor entitled to commission? - Posted by christine mendenhall
Posted by christine mendenhall on November 07, 2006 at 22:33:31:
Gosh Darn those realtors…
A couple of things for you, you did resign with her without the exclusion in writing, therefore, by law she is entitled to the commission. Not that she deserves it, especially after her actions. However, there is a contract and all parties are bound to it.
Note to self…Never, ever, in real estate, make any side agreements that are not documented. EVER!
In my state she could not sue for the commission, she would have to work it out in arbitration. That is a state law though, not federal. So I am not sure how it will work in NY. If I were you, I would call her broker and request a sit down with just the broker, not the agent. if you do not get the results you want from there, tell the Broker you will be talking with the president of their local real estate board. You can find out who that is by calling any realtor office in your area and asking the duty agent for the name and phone number.
If you feel like this is a matter of principal, sense she did tell you she would allow the exclusion, and I?m guessing that you do feel that way, you could take it to the Department of Federal Regulations, mine is called the IDFPR you will have to Google to find out what yours is. They will not necessary get involved in the dispute but can help you get with the right people to get it resolved.
Lastly, do you have some proof that the buyer came to you while you were no longer under contract with her? Maybe a sign in sheet from your open house or emails with dates? If you do, make sure you bring it to the meeting with the broker. You want to know that Broker’s are like parents to their agents, and she/he will be looking out for the agent. I don’t think they’ll be rude, but you be clear about who’s side their on. Plus you want to remember that a paycheck to an agent means a paycheck to the broker. That broker will want to get paid if possible.
Best of Luck
C