What to do if there was a mutual cancellation between the buyer and us the selle but the buying realtor is suing for his commission?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if there was a mutual cancellation between the buyer and us the selle but the buying realtor is suing for his commission?

Is that legal? And what can we do in terms of the law?

Asked on January 25, 2013 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I hate to throw this back in to your court but the seller needs to read his or her contract with the realtor.  When the fee becomes due and owing is what matters here as well as the law in your state - California.  It is my understanding that in your state a broker may be found to be a party to the escrow held and if the contract so states, be entitled to "fees incurred" if applicable.  It may also depend on why you cancelled.  If the buyer could not get financing then the contract failed.  The realtor would not be entitled to payment. Get help with your contract.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption