Legal Question in Real Estate Law in California
Are we obliged to pay our realtors commission? He has been showing us houses for about a month now. We have not signed any form of buyer-broker contract. At the weekend we found a FSBO house and went to look ourselves. He never showed us the house, nor signed a one-show-ony agreement with the owners. Now we are planning to offer, and he says he is entitled to the 2.5% commission the owner is offering - even though we found it ourselves, and asked him to show us and he said no, it`s an open house, go on your own.
Do we now have to allow him to take the 2.5% commission for no work??! We have offered him a flat fee in good faith for the work he has done for us so far, but he wants the full commission.Thank you!
2 Answers from Attorneys
He is not the 'procuring cause' of the sale, and he didn't legally represent you in the sale, so tell him to pound sand. His demand is unethical.
The fact that you have not signed any written agreement with him means he is not entitled to any commission. He would have to be in an agreement with the listing broker, to split the fee, which I doubt that he or she has.
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