Q: Is this broker being a bully ?

I own an apartment.

I signed a listing agreement with an agent (call it agent X of brokerage ONE) to sell it. It was signed on dec 16 and expired in may 17.

In june 17 my agent X was contacted by an agent, lets call it Y of brokerage TWO, to have info about my apartment. A month later Y ended up being interested in buying it for herself, not as an agent but as a homebuyer. So we did a FSBO deal that is about to close next month. No agents or commissions involved. Its just me as a seller, her as a buyer and the closing agent.

Last week the broker of her (brokerage TWO) contacted us threatening to block the transaction cause commission is owed to them cause when she first inquired about the property she was working with them.

They also contacted the closing agent to cause troubles.

I'm no expert but I do not understand what reasons they have to demand anything considering I had no active listing agreement at that time and she is buying as a citizen and not as an agent

2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Arbitration & Mediation Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: Sounds like brokerage Two does not have a case, based upon your fact scenario.

I suggest that you should consult with a real estate attorney in your area to review the listing contract and any other documents that you have to be certain that nothing exist that could make you liable.

Good luck.

1 user found this answer helpful

Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Consumer Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: If you dont want to pay the commission (since seller pays the commissions) then you will need to hire an attorney to review the facts as it doesnt sound like Broker 2 is entitled to anyone. Agents buy houses themselves all of the time and waive commission in exchange for a lower sales price (since it will cost seller either way)

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