justice seeker :
without a written agreement which the seller refused to sign, can i sue the seller for refusing to pay me? I have the evidence and witnesses to prove i was the effective cause of selling the property.
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{ 5 comments }
Don’t sell him the property.
You have asked this question 4 times in various forms and gotten the same answers – how did you get licensed if you do not know these laws? No agreement – no deal – real estate transactions must be in writing.
I guess I’m just not understanding this at all. When we bought our house, it was listed through an agency whom the sellers had signed a contract with stating the agent would get an 8% commission. So apparently, the sellers of this property did not have a contract with you or this would have been in the contract they signed. If this property was listed by your agency, and you had the seller sign a contract saying the agent gets $?? as commission, then by law, you get the money. Did you have any kind of contract with the seller? This is completely and utterly your fault for not putting what your commission fee is in the contract and if you did and the seller refused to sign it, then you send him on down the road to another real estate company! No company would list someone’s property without them signing a contract of how much commission they would get. I don’t understand why you would do such a thing. It doesn’t matter at all that you have proof that the property was sold with your help. Big deal, different agencies charge different commissions, so this could be said (without a contract signed) that your agency listed and helped sell the property for no commission. I’m sorry to be rude and you’re not going to like me saying this, but what are you, 4 years old? A “promise” isn’t something anyone can go by these days with all the crooks and unethical people in the world. You HAVE to get everything in writing. Sounds like to me you are completely SOL and I would just chalk this up to inexperience and know not to ever trust someone who makes a “promise” again. I do feel sorry for you because you most certainly got screwed, but in actuality it is your fault for letting the seller refuse to sign. They refuse to sign, you refuse to sell. And then no real estate company would list their property if they refused to sign. You sound like a really nice guy, but this is a dog eat dog world. You have to protect yourself, even if it was your own family. Lesson learned: always get everything in writing!
Here in the US, you can sue anyone for anything.
Will you win? Who knows?
If you don’t have a license to sell real estate, can you legally collect a commission in your state? Likely not. And what’s an “effective cause of the sale”? Did you bring the buyer? Or just place the ad? Placing the ad, you’ll probably lose, also.
In any case, an attorney would be able to advise you on your chances for a win.
Nope. No matter how many times you ask the same question, the answer will be the same. In order to enforce a commission payment you must be under written contract with either the buyer or the seller of the property. No contract, no payment. Simple as that.