Legal Question in Real Estate Law in California

Re: Is a promise to pay a real estate broker commission finding if sent via e-ma

The broker is likely to prevail for at least one of several reasons:

(1) California has adopted a new electronic commerce law that validates electronic signatures on a broad range of instruments effective with 1/1/2000. Although many specific situations are not covered, a quick check suggests that real estate commission agreements can now be signed electronically.

(2) The commission agreement may not require a writing. While a buy-sell or listing agreement must be in writing, a separate oral commission agreement can, if proven, be enforced.

(3) The courts employ all sorts of devices to get around the strict 'statute of frauds' written contract agreement where necessary to prevent injustice, including invoking the doctrine of 'unjust enrichment' under which the broker could recover the fair value of his services regardless of the contract, if the client received a benefit and allowing him to retain the benefit without paying its fair value would be unjust.

Re: Is a promise to pay a real estate broker commission finding if sent via e-ma

Please call me again at (619) 222-3504. I have clients nationwide. Your telephone number was deleted accidently from my voice mail system. You may also e-mail me at [email protected].

Re: Is a promise to pay a real estate broker commission finding if sent via e-ma

Other than the e-mail do you have any memornada or writings with the owner and are you a real estate broker or salesperson. If so, please fax any documents including the e-mail to me at 714 363-0229 and I can provide you with free consultation.

Re: Is a promise to pay a real estate broker commission finding if sent via e-ma

A contract, oral or written is enforceable. Therefore the issue is was there a contract. A contract, generally, consists of an offer and acceptance supported by valuable consideration. Please call me directly at (619) 222-3504.