Legal Question in Real Estate Law in California
I did a short sale of my townhouse. My real estate agent said she would pay my $3,000 if my Lender would not pay that amount in the HAFA program. She wrote out the promise on a sheet of paper and signed it for me.
The Lender did not participate in the HAFA program, so I ask for the $3000 from the agent. She said is was illegal for me to receive any money even outside the Sale of the Townhouse deal, where the funds were disbursed to the Real Estate agents' company, and the Lender.
My contention is that our agreement is totally separate from the formal sale, and that she ows me the $3,000.
Aren't I right? [email protected]
1 Answer from Attorneys
I think you should ask for a clear explanation as to why it is supposedly illegal. While it is true that it is illegal for a person without a real estate license to receive a commission or other compensation for acting as a broker or salesperson in connection with a real-estate deal, your facts to not disclose that you performed any services for which you would have needed a license. Your entitlement to the money would ultimately depend upon what the $3,000 was supposed to be in exchange for you doing.
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