Legal Question in Wills and Trusts in California

Iam the executor of my fathers trust here in California and I am also a Real Estate Agent. Can I charge My brother And sister A normal real estate Commission (3% listing side) when we sell the home? We all own 1/3 if property.


Asked on 9/02/10, 10:28 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

No. You are not entitled to a commission for selling your 1/3 interest. Is your broker insisting that you charge a commission; if he is not, then why are you collecting the 1/4 of the fee the broker normally takes? If this were a sale of a property your family had no interest in, you would get 1.5% of a 6% over all fee. As the trustee, you are asking to get a kick back on the sale of family property. As trustee one of your duites is to sell trust assets if needed,so you would be paid twice under your plan. Just as it is clearly improper to charge a commission when you or a close relative buys a property [see the form language toward the end of the standard purchase contract where is discusses commissions], it should be improper to collect on the flipside. And your siblings should be angry with you for coming up with such an idea.

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Answered on 9/08/10, 1:01 pm


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