Posted by christine.mendenhall on November 08, 2006 at 15:52:27:
I can understand your frustration and it’s definatly vaild. I must have misunderstood your orginal post. I thought you did not have the exclusion in writing and am glad to hear that you do. Your contacts are correct. In this instance she can do nothing to you, other than cause you some hassle, as you are protected by your current contract with her. Best of luck in getting this resolved quickly.
C
Is Realtor entitled to commission? - Posted by WLTB
Posted by WLTB on November 07, 2006 at 21:25:29:
Contract with Realtor expired. I advertised and conducted my own open house. A few days later, I resigned with Realtor - excluding 2 couples (that I showed the house to). At time of resigning Realtor told me that the couples had 2 weeks to put in an offer. Timeframe is not on the contract but the one of the couples put in offer on property a week after resign (within agreed upon timeframe. Realtor was upset because she had nothing to do with sale and would not receive any commission. I told her I would give her a little something, she kept calling me and asking what I was going to give her. Since she did not sell the house I’m not legally bound to give her anything. I can’t believe she kept bothering me and now I don’t want to give her anything and you will understand by circumstances below.
One month later she sent letter to my attorney stating she is entitled to 1.5% commission (Fri. 11/3). She wants an answer by Monday 11/6 or she will put a lien on my property and take me to small claims court. She has not proceeded with anything legal at this point. However, she keeps bothering my attorney and has now called me. 1.) Can she put a lien on my property? 2.) Is she entitled to any commission at all? 3.)Realtor claims she should get 1.5% because she did alot of work. I had 2 previous realtors that advertised and performed open houses as well, so are they all entitled to some money? This is in Upstate NY.
Re: Is Realtor entitled to commission? - Posted by Eric
Posted by Eric on January 08, 2007 at 12:47:52:
It all depends on what type of listing contract you signed. If it is an “exclusive right to list” then you will have to pay a commission. But if not and depending wether the broker actually brought the customers to you. But from what it sounds like here, you gave her an open listing. If so dont worry.
So did you re-list with the REA? - Posted by John Merchant
Posted by John Merchant on November 11, 2006 at 13:17:35:
You said you “resigned” with the realtor…don’t know what this means.
If you did re-list with her, then maybe you do have a written agreement with her. If not, and no written agreeement, then you have no obligation to pay her anytthing.
NO NO NO - Posted by Frank Chin
Posted by Frank Chin on November 10, 2006 at 16:56:46:
Based on the written contract you describe, she is not enttitled.
And you said “I told her I would give her a little something”
Sounds like a tip to make someone happy, nothing more.
She can go to court and try to sue for a verbal promise of a tip??
Frank Chin
Re: Is Realtor entitled to commission? - Posted by Natalie-VA
Posted by Natalie-VA on November 08, 2006 at 16:34:53:
What a piece of work! She’s one of those that gives the rest a bad name.
She can’t put a lien on your house, without going to court first, but she can take you to court and waste some more of your time. Since she’s not accountable to a broker and she apparently hasn’t broken any regulations of the RE Commission, I would ask your attorney to send her a strongly worded letter to cut it out or ____________. (Fill in the blank with whatever legal remedy he suggests.
–Natalie
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
Re: So did you re-list with the REA? - Posted by sparkymom
Posted by sparkymom on November 11, 2006 at 18:41:07:
I did relist with the REA. However, I excluded my buyers so she is not entitled to a commission. Trust me she knows this, she was almost crying when they bought the house. REA specifically told me that if one of the 2 couples gave me an offer then she would not receive commission.
I have made many phone calls and went to small claims court to talk to folks there. They are all telling me RE will not win and she basically knows it - that is why she is threatening me. Its just an ugly situation, she obviously has nothing better to do with her time.
Re: Is Realtor entitled to commission? - Posted by WLTB
Posted by WLTB on November 08, 2006 at 14:18:28:
My new contract with RE DID have an exclusion with my buyers name on it and from what I am being told by most people she is NOT entitled to commission. I was going to be nice and give her something out of the goodness of my heart. But now that she is threatening me I do not want to give her anything. I honestly think she knows that she is not entitled to anything because she would have had her attorney contact mine by now (don’t you think?)
As for calling her broker, she is her own broker (it is her company) so that path is not going to work. I called the real estate board and they are saying she should not have signed a new contract with exclusions, it was a poor business decision on her side.
I’m discussed with the whole mess.
Thanks - WLTB