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.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

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.

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