Legal Question in Real Estate Law in Florida

commission

Sold a property for a person and this person refuses to pay me a commission. we had a verbal and hand shake agreement,

and there was witnesses to the agreement. I was the procurring cause for the sale of this property..The agreement was he would pay me a 5% commission at time of closing. The sale closed Fri, March 10, 2006. I am a licensed realestate salesman in the state of Florida. I did not have a listing agreement as he said we are both lodge brothers and did not need to sign.LOL


Asked on 3/15/06, 2:27 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: commission

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.

RESPONSE: If you were the procuring cause then you are entitled to "quantum meruit," which is the reasonable value of the services you rendered.

This will be determined by the amount that is generally charged in the community by other realtors for like property. However, even though in my opinion, you are entilted to a commission, because there was no written agreement, you will be limited to the amount customarilly charged in the community for such services, or the lesser of the amount you state was the oral agreement, which is 5.0%. I recommend you consult with a local attorney in your area.

Good Luck,

Randall Gilbert

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Answered on 3/15/06, 3:33 pm


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