Q: Applicability of Statute of Frauds in Commission Disputes
I lost a suit in Small Claims court with the Judge citing the Statute of Frauds as applicable. When I read the Statute of Frauds in Maryland it discusses its applicability to the sale exchange of "interests" in property,not to the delivery of brokerage services. Is a Brokerage Agreement and "employment" agreement, or an agreement conveying something to do with commissions and real estate transfers? I accepted a partial payment when the tenant moved in with verbal assurances the balance would be paid when tenant exercised its option. I got into a dispute with the client on another property terminating our relationship. I billed the client for the balance of the commission, but there was nothing signed by us modifying the timing of payments. The court ruled I waived my rights to the full commission by accepting a partial payment. Is the Commission coverd by Statue of Frauds or laws regarding "employment".
A: The Statute of Frauds is a tricky animal, as is the law of waiver of contract terms. An hour with a lawyer of your choice before going to court would have saved you some heartache. If you haven't noted a timely appeal, then you are out of luck, anyway.
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