Legal Question in Real Estate Law in New York

My employer refuse to pay my commission

I work for a real Estate Agency in New York City.

My employer refused to pay my commission because she told me that she just sold her company.

I sold an Apartment a month ago to a friend of mine and she refused to pay me for any reasons.

I found the client, found the apartment, paid fedex, copies, and negociated the price for my client.

Thank you in advance for your help.

J-F MOLINIER


Asked on 1/03/02, 3:44 pm

2 Answers from Attorneys

Robert Kaplan Robert Kaplan, P.C.

Re: My employer refuse to pay my commission

If you were the procuring cause of the sale, the broker collecting the commission is obligated to pay you. What reaason is the new broker giving for not paying you? Is there a dispute as to what you did or they simply feel they don't want to pay. You might consider making a complaint to the Dept. of State.

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Answered on 1/03/02, 9:12 pm
John Galluccio Law Offices of John Galluccio, Esq.

Re: My employer refuse to pay my commission

I always recommend that people avoid litigation whenever possible, since it tends to be costly, stressful and annoying. From the facts you have presented here, it would appear that you are entitled to your commission. However, to analyze fully the merits of your potential claim, I would need to know more about any prior agreements between you and your agency regarding commissions. Was there a written agreement setting out terms? Was there an oral agreement? Were expenses addressed in any agreement reached between the parties? Was the sale to your friend handled through this agency, or independently by you? All of these questions would lead to a more direct answer.

However, assuming that there was an agreement between you and your employer covering all such matters as you have presented, from what you have said here, my response is this: If you were entitled to a commission for apartments sold by you, the sale of the company would be irrelevant. Since your commissioned sale occurred prior to the sale of the company, I do not understand your employer's response. You found the client and made the sale!

I hope this preliminary answer helps. If you require further assistance, please do not hesitate to contact me again.

Best regards,

John Galluccio

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Answered on 1/04/02, 11:41 am


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