Legal Question in Real Estate Law in New York

Can a realtor put a lien on your property?

Contract with realtor expired, I did my own advertisement & ran my own open house. 2 couples came in, I resigned with realtor 2 days later and excluded to of the interested parties. I sold the house to one of the couples - realtor just sent letter to my attorney stating we owe her 1.5% commission (Fri.). If she does not hear back by Monday, she will put a lien against our property and take us to small claims court. Can she do this? When I sat down with her to resign the contract she told me that she was sad that she would not get any commission. I think she is grasping at straws, she claims she did a lot of work and deserves 1.5%. If that is the case the two attorneys I had before should be coming after me for a chunk of money too. What should I do? Can a realtor with an exclusion put a lien against your property? If she takes me to small claims court does she have a leg to stand on? She did nothing for this sale at all...

Please respond ASAP.

Thanks - WLTB


Asked on 11/03/06, 10:19 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Can a realtor put a lien on your property?

If there is a writing that excludes the person who bought the house, that should be the end of it. I have not seen the language used to exclude the buyer, so this response is based on what facts you presented. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Omitted or missing facts could change the response.

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Answered on 11/04/06, 12:57 pm


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