Legal Question in Business Law in New Zealand (Aotearoa)

Claim of money owed with no contract or agreement

Hello, I have someone from abroad, New Zealand, who is claiming that we had a formal agreement that I was to give him 50% of my proceeds. How this all started that I knew a company, Company A, that was capable of brokering commercial loans. I referred clients to them. There was a person who wanted to refer his clients to me in order to refer to Company A. Company A agreed to give him 50% of whatever proceeds they got. Very important: Company A agreed to give him 50% of their proceeds - nothing to do with me.

I severed ties with Company A. The person who was referring clients through me to them decided he didn't like Company A either. He asked he if he could refer clients still. I said yes - he asked about his commission. I said I didn't know how I would handle this yet as it would depend on my new situation, but would let him know. So, eventually the issue came up. The firm to whom I refer clients suggested a finders fee, as did several other lenders/investors. The formual being how much effort and what role did he play? i.e. 6% to zero.

I'm just trying to figure out how he justifies payment of hundreds of thousands of dollars to himself for having no role, not providing the money and having no contract with me.


Asked on 4/04/06, 1:03 am

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Claim of money owed with no contract or agreement

Did he sue you in california? Did you pay him the finder's fees? Did you have any contract with him?

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Answered on 4/04/06, 11:01 am
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Claim of money owed with no contract or agreement

This may be a complicated situation. He may be asserting that there was some sort of oral contract between you and him to pay the amounts he claims; without knowing more about the facts I can't offer an opinion right now. Of course, the situation will only come to a head if he sues you.

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Answered on 4/04/06, 2:06 pm


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