Legal Question in Real Estate Law in Philippines
Hi, agent accepted offer from #2 because #1 "was no longer responding". #2 prep'd earnestPhp next day, but was told wait till Monday for earnest & contract (due to busy festival weekend). Agent did not call Monday, #2 called, was rejected, was told #1 paid earnestPhp on Sat. with no contract, and property 'now sold'. Previously Seller had asked agent how many offers to decide the best one (agent has no SPA to decide offers), agent always answered only #1 & never mentioned #2 & its offer. Disappointed, #2 found out seller name & reached seller on their own to: ask if property indeed sold, explain they were shut out w/o just cause, ask if they can still offer (if not sold), and ask if they can deal directly with seller due to bad experience w/ agent. Meanwhile, #1 asked to speak w/ seller to back out of offer; property is again avail. Seller accepted #2's direct offer. Agent not involved in sale to #2, insists he deserves full comm. for #2's purchase (w/o knowing details - contract has non-disclosure clause). Also agent now admits he is not licensed, has a diff employer (sells on the side), insists full 6%, even though CAR (BIR) is not yet available per contract. Does agent deserve the full comm? Thank you...