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#221146 - 04/20/08 05:06 PM Re: Has anyone ever sued a buyer for a commission? [Re: Devil's Advocate]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7717
Loc: Vermont's North-East Kingdom
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 .


Edited by Vermont007 (04/20/08 06:12 PM)
Edit Reason: punctuation issues
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#221632 - 04/22/08 11:24 AM Re: Has anyone ever sued a buyer for a commission? [Re: Vermont]
Pikes Peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2799
Loc: FL
 Quote:
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


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)

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#221693 - 04/22/08 02:24 PM Re: Has anyone ever sued a buyer for a commission? [Re: Pikes Peak]
Devil's Advocate Offline
Veteran Member

Registered: 01/03/05
Posts: 538
Loc: Ontario, Canada
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 .

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#261150 - 11/23/08 09:01 AM Re: Has anyone ever sued a buyer for a commission? [Re: Devil's Advocate]
Agent_Mark Offline
Member

Registered: 11/21/08
Posts: 27
Loc: Montreal Canada
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.

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#261520 - 11/25/08 08:31 PM Re: Has anyone ever sued a buyer for a commission? [Re: Agent_Mark]
Austin TX Agent Offline
Member

Registered: 05/22/08
Posts: 44
Loc: Austin Texas
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. :)

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#382040 - 07/06/11 03:58 AM Re: Has anyone ever sued a buyer for a commission? [Re: Dawn Rupe]
Florida Girl Offline
Member

Registered: 07/06/11
Posts: 10
Loc: Florida
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]

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#382048 - 07/06/11 07:28 AM Re: Has anyone ever sued a buyer for a commission? [Re: Florida Girl]
Devil's Advocate Offline
Veteran Member

Registered: 01/03/05
Posts: 538
Loc: Ontario, Canada
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.

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#422902 - 04/21/13 10:41 AM Re: Has anyone ever sued a buyer for a commission? [Re: Devil's Advocate]
sualk54 Online   content
Member

Registered: 03/19/13
Posts: 369
Loc: Hamilton, ON
Four suits in 13 years and one pending

First, Buyer under agreement bought FSBO- lost at trial due to technicality, I didn't have his wife on a witness list so she was not allowed to testify, she was crucial

Second, Buyer under agreement bought new construction in her husbands name for $500k plus, her name was put on title on close. Her defence was she didn't know hubby had bought a house. I claimed $12.5k plus taxes, settled out of court for $8500 all in

Third, my Seller accepted my Buyers offer in competition and refused to close. She then sold it privately to a guy who lost out in competition and tried to pocket the commission. We settled out of court for $1000 less than my claim

Fourth, Buyer under agreement bought estate sale home directly from the Seller, it was a FSBO. We had previously done a couple of offers for him that were not accepted on other properties. Settled at the pre-trial conference for about $1000 less than our claim

Pending- goes to trial May 6- Buyer playing "stoopid card", says he can't understand the documents [written in lay terms] he signed. He is a machinist supevisor for a company that makes aircraft landing gear assemblies and deals with highly technical documents and drawings

From a dollar perspective, it is stressful and time-consuming to go after these people and I could have spent my time on something more productive so it actually cost me money to go to trial. However I want to get paid for what I have completed or was ready to complete

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#423026 - 04/24/13 07:56 PM Re: Has anyone ever sued a buyer for a commission? [Re: Dawn Rupe]
Pikes Peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2799
Loc: FL
Wow, this thread has been going on for a while. I retired last October but still have an active license and purchased a short sale in Denver, fixed it up and are living there now.
Below is the statute regarding liens by brokers against an owner. This is only granted to Commercial transactions and not residential.

"This August the playing field will be leveled for commercial real estate brokers who are owed lease commissions. For many years, commercial brokers have lost commissions because the cost to pursue litigation against a non-performing building owner can be prohibitive. With strong support of the Colorado Association of REALTORS®, the Denver Metro Commercial Association of REALTORS®, and REALTORS® across Colorado, the Commercial Real Estate Brokers Commissions Security Act ("HB-1288") ("Broker Lien Law") was recently passed by the Legislature and signed by the Governor. It will become effective August 11, 2010."

http://www.rothgerber.com/showarticle.aspx?Show=1332

p.s. I love being retired.

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#423440 - 05/07/13 07:46 AM Re: Has anyone ever sued a buyer for a commission? [Re: sualk54]
sualk54 Online   content
Member

Registered: 03/19/13
Posts: 369
Loc: Hamilton, ON
see my earlier post, just a couple up

Judge didn't like the fact that my Buyer Representation Agreement showed Jane Jones & Sam Smith as the Buyers when only Sam bought the house

However he found the testimony of the Buyer "to be evasive and full of deceit and contradictions", he said this several times while reading his verdict and found in our favour

$7500 commission + $975 HST + costs of $1250 + pre and post judgement interest were awarded to us, it'll cost the Buyer about $10k in total

It still sucked up about 3 weeks of my time and distracted me from finding new business

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