Legal Question in Business Law in California
Real Estate commission paid incorrectly
In 2008 I worked for a real estate Broker at 60% commission. He discontinued that frachise and signed on with a new real estate company. I negotiated 80% with the new company and they drew up a contract. They changed many of the terms we agreed to and after unsuccessful attempts for them to change those terms, I left for another broker. I was due one more commission on a property that closed. They paid me 60% which was the commission structure of the previous company. Since they are a different broker and since we agreed both verbally and they gave me a written contract, are they suppossed to pay the 80% even though I did not sign the contract? I could not sign because they wanted me to agree to new things we did not discuss and changed other things we did agree to.
2 Answers from Attorneys
Re: Real Estate commission paid incorrectly
I believe that this is the second time that you posted this question. The answer remains the same.
You did not sign the 80% contract, so the only contract you have is for 60%.
You did not agree to the terms that the broker required in exchange for the higher commission, so you are not entitled to it.
Re: Real Estate commission paid incorrectly
In my opinion, you are not entitled to get the 80% because you did not sign the contract and accept the other provisions that were part of the deal. You can't take the benefits of a contract without also accepting the detriments.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
