Columbus, OH asked in Contracts and Real Estate Law for Ohio

Q: Exclusive Rights to Represent buyer was not signed by all parties. Is the broker entitled to 3% of the purchase amount?

Exclusive Rights to Represent buyer ("Agreement") is between the "Client" which has 2 names on it and the "Broker". Only the broker and one person mentioned in the "Client" section signed the agreement, the other person that is listed as client refused to sign.

The broker never met the other person, nor showed any properties to the "Client".

The "Client" (both people) purchased a property using a different broker and the original broker is suing the "Client" (only the person that signed the agreement).

Is this a valid case? Since the broker knew that the other person in the agreement refused to sign.

Related Topics:
1 Lawyer Answer

A: If the broker files a case in court, that makes it a "valid case" against the one client who signed, and that defendant must file an answer to the complaint by the deadline. Whether broker's case can succeed, depends on the contract and all the facts. Defendant must discuss all that with an attorney. The defendant can use the Find a Lawyer tab to retain a local attorney to review and advise.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.