Legal Question in Real Estate Law in California

Do we have a legit small claims case in CA?

We found a listing on Movoto in Jan this year. The listing reads as follows ''This is a Great 3 bedroom 2 bath. Ready to movie in and in great condition. 14,374sq foot lot. a must see corner lot, it huge! Short Sale. Commission Split 50/50. Lender is looking at all offers. Call Derek or Stella to set up your privet showing today.'' Now this web site is marketed for home buyers. When we asked about a buyer discount that equaled the 50/50 split they told us it was illegal for them to do that. We told them that they listed it in their listing for the property but didn't indicate that it was illegal. We know they can't give us ''commission'' but that a buyers discount is legit. Rather than fight and hold up the closing we want to sue in small claims. Oh yeah and the listing agency was acting in the capacity of a dual agency so they get both commissions. We have the original listing showing the 50/50 which after we asked they pulled that off. Could we win this in small claims???????


Asked on 5/09/08, 5:56 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Do we have a legit small claims case in CA?

Mr. Roth is correct. The reference to a split commission clearly means that they are willing to split the commission with a real estate agent who brings them a willing buyer. It is not an offer to split it with the buyer. It is not illegal for the seller to get the agent to accept less than the standard 6% commission, butit is a breach of the legal obligation to the seller for the agent to reduce the sale's price without the seller's permission, which is what you are tryig to do.

Read more
Answered on 5/10/08, 2:34 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Do we have a legit small claims case in CA?

No.

Read more
Answered on 5/09/08, 10:04 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California