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#452993 - 06/09/16 11:05 AM My broker is suing me after I decided to not sell my apartment
up_in_harlem Offline
Junior Member

Registered: 06/09/16
Posts: 2
Loc: new york city
I live in NYC, own a coop. My selling broker decided to take me to civil court seeking $4500 for breach of contract. After 1 open house, a few offers and board interviews with the prospective buyers, my wife and I decided we needed to pause from selling, as our buying was working out and we had second thoughts.

I did not agree to any of the offers, did not sign any contract other the one with the broker. My attorney is confident that the provisions she added to his very flimsy first draft protects me. But I still need to show up at Civil Court.

He is suing both my wife and I, even though she did not sign a contract and only I own the shares of the coop. Its seems frivolous and vindictive.

Where can I complain to? This whole episode seems outside the norm.

Thanks for your input. Much appreciated.

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#452994 - 06/09/16 11:22 AM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7717
Loc: Vermont's North-East Kingdom
It sounds as though your Agent presented you with a FULL PRICE Offer with NO Contingencies, and is therefore seeking a Commission for having completed his part of the Listing Agreement, and is claiming that you are now breaching the Contract ?

Your avenue for filing a Complaint is probably through the State of New York Real Estate Commission in Albany . . . . unless New York City maintains a separate apparatus for this. Your Attorney should be able to advise you on this aspect; but in the meantime, the Civil Court will have jurisdiction on the Agent's LawSuit.

It may be that he's got a legitimate basis for his Case.

_________________________
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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#452995 - 06/09/16 11:32 AM Re: My broker is suing me after I decided to not sell my apartment [Re: Vermont]
up_in_harlem Offline
Junior Member

Registered: 06/09/16
Posts: 2
Loc: new york city
Thanks, no the offer was below our ask.

we'll see. $4500 is huge for us.


Edited by up_in_harlem (06/09/16 11:33 AM)

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#452996 - 06/09/16 11:47 AM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
barb43 Offline
Veteran Member

Registered: 07/31/08
Posts: 1156
Loc: SW Okla
Please let us know how your case turns out . . . I'm not in New York, but these sorts of issues are always of interest wherever they occur.
_________________________
Remodeling houses & helping tenants get ahead in life since 1983. Licensed Realtor since 2005.


LIMITATIONS: Until You Spread Your Wings, You'll Have No Idea How Far You Can Walk. - despair.com

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#452997 - 06/09/16 11:52 AM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
David Hunter Offline
Major Contributor

Registered: 09/27/05
Posts: 1619
Loc: Cleveland, Ohio
Best of luck! Curious to hear how it goes.
_________________________
David Hunter | Retired RE Agent |Direct-Response Marketer
www.DukeOfMarketing.com/7-Real-Estate-Marketing-Strategies/
www.TheSaviorsMinistry.org


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#454082 - 08/23/16 01:05 AM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
Jenifer Soflous Offline
Member

Registered: 02/17/16
Posts: 24
Loc: Massachusetts, USA
Hi,

up in harlem. Just contact his brokerage(Association). Tell them about your situation. They may help you to go ahead with no loss or reduce the cost. All the best.

Always Read your papers before signing. Take Days to read if needed because it causes time, money and life.

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#456357 - 01/17/17 07:17 PM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
Krishh Offline
Junior Member

Registered: 01/17/17
Posts: 6
Loc: Montreal
The best part that you can do on this matter is notify this issue in their FB, twitter page ot post the review on a complaints board

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#456742 - 02/21/17 10:39 PM Re: My broker is suing me after I decided to not sell my apartment [Re: Krishh]
SahanaRai Offline
Junior Member

Registered: 02/21/17
Posts: 1
Loc: Chicago, IL
Good Idea. It will help others to avoid this kind of situation. But this Seller has no other way i think.

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#456764 - 02/25/17 01:48 PM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
Doin' bpose Offline
Major Contributor

Registered: 01/26/09
Posts: 3349
Loc: Old Dominion
I was curious about who filed against you. Where I live the principal broker would have to file and the listing agent could not file even if she was a broker. Also do you have any updates.

Once I sued a seller as the listing agent. It never made it to court we settled. But when I told my broker what I was doing he informed me I had no ability to do that. I am glad I never made it to see the judge.

As an aside, I was contacted by the producers of Judge Joe Brown to appear on his show. I said no.
_________________________
I can't. I'm going camping.

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#456792 - 03/01/17 01:43 PM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
TheBPOExpert Offline
Member

Registered: 01/22/12
Posts: 114
Loc: Georgia
The only people who win in lawsuits are the lawyers. Always better to sit down and work it out.
_________________________
The BPO Expert
Free BPO Company List
“You will get all you want in life, if you help enough other people get what they want.” -Zig Ziglar




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#456947 - 03/16/17 11:25 PM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
Mark Williams Offline
Member

Registered: 02/26/17
Posts: 11
Loc: San Francisco
Try to be solve with your agent, why do you need make it some more critical, just try to discuss with him.

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#457050 - 03/26/17 12:46 PM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
Teresa_B Offline
Junior Member

Registered: 03/26/17
Posts: 3
Loc: Arizona
Hopefully you can work it out without going to court. And I agree always read through everything before you sign!

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#457091 - 03/28/17 01:09 PM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
Chrispy Offline
Junior Member

Registered: 03/28/17
Posts: 8
Loc: Florida USA
If the Realtor did not present you with a full price all cash offer he has NO case. You should counter sue him for attorney fees and any court costs. This is insane.

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#457607 - 05/02/17 08:35 PM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
Barbara Herbert Offline
Member

Registered: 04/18/17
Posts: 31
Loc: Grove City, Ohio, United State...
I think it started with a miscommunication with the broker. I'm curious to what happen to this case?
_________________________
http://barbaraherbert.com

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#459044 - 09/10/17 12:39 PM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
RPR Offline
Member

Registered: 06/08/17
Posts: 32
Loc: Delaware, United States
try to discuss with the agent and find a solution without any legal actions
_________________________
Property Preservation Processing Services -
rprservices.com

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#459089 - 09/15/17 04:29 AM Re: My broker is suing me after I decided to not sell my apartment [Re: up_in_harlem]
simon94bob Offline
Member

Registered: 09/14/17
Posts: 31
Loc: USA
Hey,
Can you please tell me what happened in Civil Court.


Edited by simon94bob (09/15/17 04:30 AM)
_________________________
Real Estate Marketing


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