Legal Question in Real Estate Law in Florida
commision on rental and sale
i am a licensed real estate broker in florida. i along with my sister-in-law and mother-in-law have a half interest in 72 acres in fl the other partner is an heir to our former partner. In 1983 our partner passed away leaving the property to an heir. Prior to the death I rented a home ,which no longer exists located on the property, and my partner rented the land for farming.There was no commision paid for renting the land or house. Since 1983 i have been renting the farm land and did not charge anyone a real estate commision. My question is can I charge a rental commision to the heir of my partner since she does not contribute any work effort to this partnership for the time from 1983 to date? Can I also charge a real estate commision as a listing/and or selling broker in case of sale?
Thank you
1 Answer from Attorneys
Re: commision on rental and sale
In my opinion, you are only entitled to
a commission if the other person agrees
to pay. However, one can make an argument
that you have an equitable claim to be
compensated for services rendered in
maintaining and selling the property in
the event you file a partition action. There
are a lot of other issues that could
possibly be raised. I strongly suggest
you seek the advice of an attorney.
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