About 6 months ago I signed a purchase agreement on a new home which I had built in a community. I had openely discussed my desire for a quiet peaceful area to live. I had raised many questions about future construction in the area etc. My realtor was aware of exactly what I wanted. There was park land adjacent to this property that in the course of conversation we discussed how nice it would be to have the walking trails and park benches etc. Well about a month before the completeion of my home I drove out to see the progress and to my horror a Baseball field with huge towering lights and bleachers etc. Had been built. I called my realtor immediately and he understood my concern. Over the course of the next few weeks I discussed the possibility of not making the purchase because I felt something of this magnatude should have been told to me prior to signing anything. Again my realtor understood. I contacted the home builder and with very little difficulty they understood and returned my earnest money. Now a month later I get a letter from my realtor brokerage firm demanding the commission on the sale. The realtor agreement states they get paid by the seller. There is a clause for breach of contract, but doesn't the failure to disclose something like a baseball field/stadium null and void the original purchase agreement ??

This should be discussed with your attorney for your legal options.

My opinion is no sale no commission. JMHO

well opinions dont hold up in court, chances are since there was no writen way out just verbal from the builder, the realtor probly has a cause, but only for your EMD. This is most likly the case, although i have no clue how your contract is written, like paul said have an attorney read it over.

This is just a guess, but if the builder was willing to give back your earnest money so easily I would suspect there was something in the contract that allowed this to happen. Which makes be believe that if the builder figured that it would be a tough fight, it would be even harder for the realtors.

Realtor's get paid after settlement. If you did not purchase the house or went to the settlement I don't understand how the brokerage firm is demanding compensation.

I would call the Managing broker and discuss the issue before going to attroney. If they still disagree get an attroney.


Ritu

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Ritu Desai
Buying or Selling in Northern Virginia? Contact me for all your residential real estate needs

SAMSON REALTY,LLC
Phone: 703-625-4949
Email - rituadesai@yahoo.com
On the web: http://www.homesdatabase.com/ritu

at least here in VA, we don't have to disclose what is going to go up around a neighborhood. That is up to the buyer to find out on their own. I personally, will see if I know of anything going on and disclose that to my buyer. if you decide to get out of a contract, and the seller agrees to let you out, but you didn't discuss this with your agent, then your agent is owed that comission. the only way i see you able to get out of that is if you didn't sign a buyer/broker agreement. are you working with that agent in finding another home?