Legal Question in Real Estate Law in California
I have seperated with my RE Broker and they owe me money ie, they overcharged me on the desk fees. I have an email confirming what I was suppossed to be paying from the Operating Principle of the company, but no signed agreement...just the email and a verbal agreement. Is this actionable?
2 Answers from Attorneys
Without knowing all the details, yes it probably is actionable. Oral agreements are just as enforceable as written ones, just harder to prove. If you have emails backing up your story, all the better.
If your broker didn't have a signed agreement with you, this may subject the broker to DRE discipline. You might want to start by having a phone discussion with a Department examiner as to your rights. They might be in a position to order the broker to pay you. If you have to go to court, consider Small Claims if the amount owed isn't much over $7,500.
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