What to do if our real estate agent said if he could not sell the house in 3 months, we could end the contract free and clear but he has not kept his word?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if our real estate agent said if he could not sell the house in 3 months, we could end the contract free and clear but he has not kept his word?
After 3 months he says if we sell the house in the next 6 months he gets a percentage. We lined out that part of the contract but he never gave us a copy. What are our options?
Asked on August 11, 2015 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
IF you truly crossed off (lined out) that provision AND he accepted that changed term--i.e. either explicitly accepted it, by signing or initialing after you did that; or implicitly accepted by beginning working after receiving back that change--then you should not have to pay him if the home sells in the next 6 months, since he would have accepted working without that provision. But the issue may be proving it: if you do not have a copy of the modified contract, then if there is a dispute (i.e. if he sues you for a commission), it may be very difficult to prove in court that he gave up the right to the commission, since a commission was part of the base or original contract and is very common in the real estate industry. Regardless of your legal rights--i.e. to not have to pay a commission during the next 6 months, if that is what you and he agreed to--you must be able to prove the supporting facts in court; if you can't, there is a reasonable likelihood he could hold you accountable for the commission that was in the original contract.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.