Entitled to Commission? We submitted a signed offer...

[Michael S]

We were told by the owner of an apartment building that he had no listing and we would be able to represent him by selling it if we were to bring a buyer too. We submitted a signed offer which gave him everything he wanted except he thought the commission was too high. We told him we could lower it, but he rejected it anyway. This is all documented in writing, including us representing him, and him rejecting the offer.

The buyer in the buyer’s offer for the property was his name plus “et al”. An now one of his associates is in contract on the property on the same terms we already discussed with some other agent (a separate agent for buyer and seller).

Here are my questions:

• What, if any, recourse do we have to get our commission?
  • Would it be from the buyer since one of his associates are using another agent on the property we told him about and we included “et al"
  • Would it be from the seller who took our buyer and is making a deal with another agent?

Any other help you can give me would be great. Thank you.

[AFFA]

I wish to inform you that you are entitled to commission. In this regard when when buyer and seller are dealing on same terms by eliminating you then they have breached agreement. In this the agreement was said to be denied to you but as the parties have acted in accordance with the agreement thus you may claim commission. In this you may claim the amount from the parties on the ground that they have said no to you in order to avoid your commission but have got unjust enrichment from your work. The new agent is only a method to not to pay your commission.

AFF

[Friend In Court]

Originally Posted by Michael S We were told by the owner of an apartment building that he had no listing and we would be able to represent him by selling it if we were to bring a buyer too. We submitted a signed offer which gave him everything he wanted except he thought the commission was too high. We told him we could lower it, but he rejected it anyway. This is all documented in writing, including us representing him, and him rejecting the offer. The buyer in the buyer’s offer for the property was his name plus “et al”. An now one of his associates is in contract on the property on the same terms we already discussed with some other agent (a separate agent for buyer and seller). Here are my questions: What, if any, recourse do we have to get our commission? Would it be from the buyer since one of his associates are using another agent on the property we told him about and we included “et al" Would it be from the seller who took our buyer and is making a deal with another agent? Any other help you can give me would be great. Thank you.

If you can document when you showed the property, the date of the offer and now one of his "et al" associates substituted as buyer, you are entitled to your commission. Your position would be stronger if you had a signed listing agreement, even if an open listing. In order to collect an exact amount of commission you would need to prove that you and the seller had a meeting of the minds as to how much you would be paid.

But if you can prove you were the procuring cause of the sale, introduced the buyer and his "et als" to the property, you have a leg up on collecting your commission. I would recommend you seek the advice of a real estate attorney and if you are lucky enough to have one in your community who has represented the MLS or Real Estate Board, you might collect without much trouble.