Legal Question in Business Law in California
verbal and written contract terms
I was an agent for Help-U-Sell and had a written contractor agreement for commissions signed by me and the broker. He dropped that franchise and joined another real estate group. After a verbal acceptance of a new contract with the new broker, the written contract changed terms that we agreed on in the meeting. The higher commission was fine, but other terms were not, so I did not sign. Eventually, they kept changing terms contrary to our verbal agreement and I left the brokerage. They recently paid me on a home I closed that was in escrow when I left, but paid me based on my Help-U-Sell contract at the lower commission. Are they liable to pay me the higher commission even though I didn't sign it? Since we verbally agreed and I have that contract in writing, I thought maybe they should pay based on that.
1 Answer from Attorneys
Re: verbal and written contract terms
Other responses may disagree, but I believe that real estate commission agreements need to be in writing. Therefore, you are only entitled to the last written commission structure.
This is not hard and fast in your case, but is my first reaction.
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