If you're not in a rush, instead of tying up the Court System, you might also consider just putting a Lien on the Property that your Buyer(s) bought by recording a copy of what is hopefully a nicely drafted and properly executed Exclusive Buyer Agency Agreement. An outlay of maybe $25 to $50 +/-. If everything is well documented, and your files are complete, you'll receive deferred gratification.

Besides, the Buyers will probably have more money at the time they become Sellers in a few years; hopefully more than they had at the time of the Purchase. Sending them a copy of your Lien by Certified Mail should put them On Notice that you'll still be waiting there when they go to Sell.

Brokers are typically approached early on to settle up for some reduced amount; and the Culprits do get angry, but nobody broke their arm(s) to sign the EBA. I think it's more embarrassment than anything else; and a big batch of mis-directed hostility which should properly go towards "the person in the mirror" who tried to cheat.

Creative Lien Management can save a lot of time and money; and the Land Records DO NOT FORGET.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .

Obviously, individual agents who are contemplating doing anything like this, should run this by their broker, who I hope is smart enough to consult an attorney before taking such actions.
(although there is a disclaimer, I thought it was an important reminder)

LOCALLY: The legal term that I am most familiar with is what is referred to as a “Lis Pendens” which translates into “pending litigation” and where the rules regarding same may vary from jurisdiction to jurisdiction.

In my jurisdiction an action (lawsuit) must be filed first, then a “Lis Pendens” in relation to the property in order to notify any interested party, that there is a pending legal action (claim) and that the property in question will be subject to the legal disposition of the Plaintiff's claim by the court.

This is not to be confused with a legal judgement awarded by the court for a specified amount and which is filed as a lien against the property.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .

Inspiring article about Seinfeld..LOL

All this due to religious views...

For what its worth. A $3.95 million town house.. That's a sweet sale. According to the article it states that she will be receiving an amount between $98 000 and $119 00.

That Lis Pendens thing sounds all well and good, but you're better off just getting the judgment and if the transfer was completed and money is not available to settle the judgment then that might be considered a fraudulent transfer. If you go around filing that lis pendens thing and you lose, but caused the person that you are suing to lose money then you'll be right back in court, but this time you'll be getting sued. Or so is my understanding. Of course, I'm not a lawyer and this isn't legal advice. :)

Yes. I have sued for commission on an EBBA and won. Unfortunately, I found out the below information AFTERWARDS.

Florida advice!!!!!!!!

I was advised by a FL real estate attorney that I should add the following to my EBBA contracts:

[i]"Pursuant to Florida Statutes Section 475.42(1)(j), Buyer hereby grants Broker the right to place a lien on a Property purchased by Buyer to ensure payment of services rendered."[/i]

He said he's been trying for years (unsuccessfully) to get the FL Assoc of Realtors and the FL Bar to add this language to their recommended EBBA contracts. So he suggests realtors add it to their own EBBAs.

[u][b]FL statute 475.42(1)(j):[/b][/u] [b]A broker or sales associate may not place[/b], or cause to be placed, upon the public records of any county, any contract, assignment, deed, will, mortgage, affidavit, or other writing which purports to affect the title of, or encumber, any real property if the same is known to her or him to be false, void, or not authorized to be placed of record, or not executed in the form entitling it to be recorded, or the execution or recording whereof has not been authorized by the owner of the property, maliciously or [b]for the purpose of collecting a commission[/b], or to coerce the payment of money to the broker or sales associate or other person, or for any unlawful purpose. [b]However, nothing in this paragraph shall be construed to prohibit a broker or a sales associate from recording a judgment rendered by a court of this state or to prohibit a broker from placing a lien on a property where expressly permitted by contractual agreement or otherwise allowed by law. [/b]

Florida Girl

I may not be interpreting this Florida Statute correctly, but my interpretation of what is says, is that you cannot put the cart before the horse, in other words you must follow their rules of practice and procedure and must first obtain a court judgement which validates your claim and only then may you record your court judgement on file, utilizing their required forms and procedures.

This particular Florida Statute goes on to describe what is and is not acceptable, pursuant to their rules of practice and procedure.

This is similar to local law, where the plaintiff must first, successfully obtain the court ordered judgement, putting them in the legal position to go after the “judgement debtors” assets, if any, to satisfy their judgement.

IMPORTANT NOTICE: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a Lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information.