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
1 Answer from Attorneys
Re: Can a realtor put a lien on your property?
It is unlawful for a Realtor to put a lien on your property for a commission and you can sue her company if she does it.
If you "properly" excluded the party to whom you sold (on the listing agreement) you do not own any $$.