Legal Question in Civil Litigation in Florida
Pass due commission owed
This letter is in response to a notice of payment. The total commission due for all my contracts is $31,050.99. I have recieved some of the up front commissions of $9,100.00, which leaves a balance due of $21,950.99 at the 9% commission rate. I was late off due to a low lead supply. I am asking to settle at a fair commission of $10,400.66, which derives to the amount of a 6% commission. He has replied with a counter offer of $6,385.00, stating the company agreed to pay a commission of 3% to 9% and is willing to increase his first offer of $4,315. I have in the pass received an average of payable commission over 6% and I am asking for a fair commission of only 6%. Should I pursue this in the courts or renegotiate to recieve my request for $10,000? Would I recieved more than $6,380.00 at the end of the battle through litigation in courts, than settling with what the company deems fair? Is proofing my case winable in court when dealing with sunroom companies? Is it worth the risk? What are my options?
4 Answers from Attorneys
Re: Pass due commission owed
Maybe a letter from an attorney would raise the commission.
Re: Pass due commission owed
There is no way an attorney could possibly answer your question without knowing a lot more details regarding your contract and your dispute. you ahe a significant issue that would benefit from receipt of some advice from a lawyer who could explore the many factual complexities that are involved.
Re: Past due commission owed
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
This issue is far more complex than a short response in this space would answer. You should meet with an attorney who can review your agreement with the developer, your past commission history, and the details of why you were laid off. After reviewing all of the information, the attorney can advise you of your legal rights and remedies.
Scott R. Jay, Esq.
Re: Pass due commission owed
You may want to retain an attorney to assist you any negotiations.
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