Success Happy

a licensed real estate agent was promised a commission for successful deal, but this promise was not delivered

there is no written commission agreement. the seller and buyer bypass the agent. can the agent sue for agent's commission and win?

Public Comments

1. why would the agent ever do anything without a signed agreement from whomever he was representing? agents fault
2. There is such a thing called an implied agreement. Most State authorities (DRE) do not recommend them because they are so hard to enforce. Implied agreements and contracts are enforcable by law. You will need to find an attorney that's willing to take the case. Shouldn't be that hard especially if you have proof that the agent perfomed work to bring buyer and seller together.
3. It does not sound as if this deal was legitimate. A brokers commission would be in writing if it were on the up and up.
4. if it's not in writing, forget it.
5. It depends on where they live. Laws differ from state to state. Most of the time when this scenario raises its' ugly head there was in fact a listing agreement signed by the agent and the seller and included a clause to protect the Realtor from this sort of thing. Still, you need to remember that the agent's broker would actually have to sue the seller to collect because the agent is only a representative of the broker.
6. First, ALWAYS get the listing before you show it to the buyer. That is your only defense in collecting your commission for the time and effort you have spent on the deal. Unfortunately, you do no have a leg to stand on. Suing would only end up costing you more money in the long run with no return. I am guessing that you are dealing with a buyer and a seller that does not have alot of moral ethics, which is sad. But it is not illegal. To get it off your shoulders,so you can let it go a concentrat on bigger and better things. Write a letter to them stating your feelings as if you were writing to a friend. Then state that if they can live with cheating you out of the money they owe you then you can surely live without it because what goes around usually comes around. I'm sorry you had to deal with such dishonest people, but as we all know, it's part of the business. Good Luck, and let it go so you can free up your mind to accomplish something more lucritive. Jackie b
7. no written commission agreement---means no pay
8. One of the first things we learn in the real estate course is that all valid and enforceable contracts MUST be in writing. You will probably have a very hard time suing for procuring cause if there was nothing in writing that legally obligated the seller to pay you. A judge will want to know why it came to be that you did not include this in the offer or by means of obtaining a listing agreement or an exclusive buyer agreement. There is an obvious underlying reason why you chose to not have a written element in place binding the seller to pay you.