Hi everyone!

Background: Had a listing, had to expire it out due to seller hijinx with our buyers. Seller sells to our buyer within the protected period. We demand our commission. Seller says he relisted with another broker on advice of his lawyer; he gives us the lawyer's name. We ask for copy of listing agreement. He refuses. Our broker asks him, he refuses our broker.

We contact reputed relisting broker. No listing came through main office where all listings are "cleared". We check in with local office and get conflicting information. There's no main "clearing" of listings through the main office. There's no listing, or maybe there was just a sale, or there was a listing with conditions, or no paperwork available, or we "moved it's in boxes", can't get to it, etc. On pushing the issue gently we are told that we can't get a copy of the listing if there were a copy of the listing because it's "confidential"; respondent says she can "verify" that there was either a listing or a sale, it was "maybe dual agency or not, I don't remember what "they" said"-- and all this is according to what she was "told" by "them", whoever them is. Has no way of really knowing. We say white out commission information and any other "trade secrets", fax us a copy. No way even if they did "have" it (which they're not exactly sure they do anyway) are we going to get a copy. We've talked to three different persons who all say "I'll have to look in the file..." By the third person who called us back, we figured she/he would have the file on his/her desk and be talking to us about it with dates and specifics.

So, it's enough that a seller says he relisted with Broker B and we just go away? It's enough that Broker B says they "heard" he relisted with them, and if they can get their hands on the listing agreement OR the sales contract (we understand no Realtor was involved in the transaction per the buyer), they will not supply any supportive documentation and we just go away? Is that the way things work in the Real World or just in Real Estate? Where is it that we just accept each other's "word" when there is a dispute and not proof?

It seems so simple. We have a seller who set out to not pay our commission from the get-go, we are told he relisted as an endrun around us. He can't come up with the proof. We contact the reputed relisting broker for help, we get none. What is so difficult about saying "we have it, here it is, happy to help?" What's difficult is that something is very, very wrong.

sounds like your having fun

real estate is a great business just some of the people in it are horrible

I would discuss it with your BIC and see what they say

I had one a while back that was almost the exact same situation. the seller really didn't have the equity between the sales price and what they owed and they cut me out of the deal and yes it was my buyer.

Anyway long story short I could have tried to sue but it would have costed $2500 to start the suite and it was for only $6k in commission. My opinion I droped it and moved on.

I pick my battles carefully when it comes to these things.

I'm sorry to hear that, VG. As always, our contracts are barely enforceable.

The seller did finally fax a copy of some form of listing agreement; however, the terms were all blacked out. It is those terms which are of interest to us, in that we firmly believe our buyer was exempted from any relisting agreement. The area blacked out was the full area for commission breakdowns, not just a small area for the percentage number. The conditions under which commissions were due have been blacked out.

I'd say it's about time to make some calls to 1) Your local board, and 2) State department of real estate. That should get the ball rolling.