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#453215 - 06/28/16 10:08 PM Seller is refusing to pay the agent's commission
Arrowhead Offline
Junior Member

Registered: 01/09/16
Posts: 1
Loc: CA
An agent I am helping has a signed exclusive right to sell and the seller decided that even though the agent had both the buyer and seller, she did not want to pay the commission, so she turned around and sold the house to someone else FSBO and put the house in escrow without informing the escrow officer that she was under a binding contract.

After informing escrow, they have stopped all contact with the broker, or anyone and we believe they are trying to find a way out of paying.

Her broker advised a mechanics lean, which we found out the hard way was wrong. Then a lis pendens, which I suspect is also wrong. I am a full realtor and can contact a lawyer, but she is not and this is not my sale. We are in California. Can anybody help us figure out where to go? Escrow is about to close and the listing contract expires at the end of the month. Thank you.

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#453217 - 06/29/16 05:42 AM Re: Seller is refusing to pay the agent's commission [Re: Arrowhead]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7786
Loc: Vermont's North-East Kingdom
Originally Posted By: Arrowhead
". . . I am a full realtor and can contact a lawyer, but she is not . . ."

What does that mean ?

Does she have a License; is she affiliated with the same Broker as you; is her P&S Contract Signed and Legal; WHY can't she or her Broker contact an Attorney ?

I'd be entertaining a suit for Breach of Contract along with her Buyers . . . . bearing in mind that the Sellers can't sell the place to two (2) Buyers; and you can't get blood out of a stone.

Why isn't her Broker going to bat for her (you said she's an Agent . . . . that implies that she's an Agent for a Broker) ?

Something seems to be missing here !
_________________________
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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#453219 - 06/29/16 05:57 AM Re: Seller is refusing to pay the agent's commission [Re: Arrowhead]
Bigtoe Offline
Major Contributor

Registered: 10/14/07
Posts: 2250
Loc: Outer Banks
Are you a lawyer? If not then get one because that is how contract disputes are handled.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#454103 - 08/25/16 03:46 AM Re: Seller is refusing to pay the agent's commission [Re: Bigtoe]
April Lavine Offline
Member

Registered: 07/21/16
Posts: 10
Loc: Irvine, CA United States
I second Bigtoe



Edited by Admin (08/25/16 06:20 AM)
Edit Reason: Please put your URL in your profile.

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