Legal Question in Real Estate Law in California
previous broker not paying commission split on properties
Properties I brought to my previous office that were listed by me as 1st listing agent and my broker as 2nd listing agent recently expired. My previous broker wont' discuss the listings, but I was aware that she had both properties sold and had extended the listings a few weeks before they expired. The day after the first one expired the property was listed as pending and went into escrow. The second one went into escrow the next week, though it had an accepted contingent offer before that time. Now the broker says I have no claim to my commission split because she got new listings for both properties, one the day it went pending, and the other a week later. Is she right? We do have a separate agreement in addition to the listings themselves, signed by both of us, saying that these properties are shared listings, without an expiration date.
2 Answers from Attorneys
Re: previous broker not paying commission split on properties
Well, I think your separate agreement is likely to be controlling here, but maybe you can get an official opinion from one of the investigators at the DRE. At this point I think you should take a rather low-key approach in case it turns out you aren't right and you won't have offended anyone. Nevertheless, getting an official opinion might be a way to avoid a more serious challenge.
Re: previous broker not paying commission split on properties
It would seem that the separate agreement would be controlling, especially if dated after both of the listings.
You are dealing with the law of contracts here, as opposed to real estate law.
Since this was your previous office, you have to consider how many feathers would be ruffled in your community by getting into a "cat fight" with your previous broker.
If you can't reach a settlement, I suggest retaining an attorney and let him/her be the "bad guy" as to a battle in what is likely a tight-knit community.
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