East Brunswick, NJ asked in Real Estate Law for New Jersey

Q: Just signed a faulty settlement agreement in the sale of my deceased dad's house. How do I get a refund for the error?

I (Executrice of the estate) live in Middlesex Cty, NJ while my dad's house is located in Birmingham, AL. I was overcharged commission. After pointing out the error to the realty co attorneys, they refused to acknowledge the error or refund my money. The realty co. applied $500 of earnest money from the buyer which it had held as a deposit to a $700 commission due on the house. The co. then charged me the remaining $200 due for the commission. This seems accurate and straight forward. However, in the same agreement the realty co charge me an additional $500 for the commission. So in total, I have paid $700 the to reality co. via the settlement agreement while the co. also has kept and applied the $500 earnest money to the commission. In other words, the realty co has collected $1200 in commission on a house that had a $700 commission. Can you help me get the $500 overpayment returned to me? The realty co and its lawyers have refused to give me the refund.

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1 Lawyer Answer
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Contact the Birmingham real estate regulatory authority who controls real estate agent licensing. You could also contact the local bar association and file a complaint. Good luck.

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