Legal Question in Business Law in Texas

Commission collections

As an independent broker, i was told by an individual if i could find buyers for his property, he would pay me a commission. I brought a buyer to him and there was an agreement as to the property and the amount to be paid.

Subsequently, the two decided to exchange goods for services without saying anything to me. Now the seller is saying he didn't receive any money so he can't pay me.

As a side note, i am currently holding some property that he loaned me which he wants returned. Can i hold this property until i am paid what i am owed?


Asked on 1/05/03, 1:12 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Commission collections

What does your written contract say about commissions? If no contract in writing, you may well kiss your commission goodbye. Most commission contracts show the commission earned when a ready and willing buyer is introduced to the seller. Sometimes it requires the deal to go through. But if the buyer reneges on payment, that doesn't absolve the seller from paying the commission unless the deal unravels, the seller takes back the property, and that proves that the buyer wasn't ready.

As to holding on to his property, that's a sure way to put yourself on the wrong side of a lawsuit. Give it back. At least you have some idea of what he has if you ever take judgment against him.

Read more
Answered on 1/05/03, 2:58 pm


Related Questions & Answers

More Business Law questions and answers in Texas