Legal Question in Real Estate Law in California

Re: is it legal

If you have a standard contract then the real estate person gets a percentage of the sales price and not a flat fee. If they did not tell you that, then the contract may be void. Also, the Department of Real Estate would frown on such a high commission; if the realtor works for a broker, talk to the broker. You can always rent the place out; if the realtor brings you someone willing to pay the price you have asked for, then you still might not be forced to sell. But if you tell the realtor how disappointed you are in them, and that with their fee you must up the price to make the sum you want to get, they may be willing to drop you as a client.

Re: is it legal

It is way beyond the norm. Revise the contract due to mistake. Did you know the percentage when you entered the contract? Contact me directly.

Re: is it legal

25% of the total sale price as a commission?? Wow. To be enforceable against you, she would have to be able to show that you willingly and knowingly agreed to that term in your listing agreement and/or other contract documents. It is about four to five times the normal percentage, and is highly questionable as to her ethics. If you signed a normal DRE approved listing agreement form, regardless of commission terms, she earns her commission if she brings you a full price, no contingency, qualified buyer, or if you accept any offer in any amount from a buyer she obtains. If you rent out the house before the listing expires, you risk that happening, but only you can predict how likely she is to obtain such buyer in this market. Once the listing expires, you can re-list with anyone else. If you end up in dispute with her, feel free to contact me for legal help.