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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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i dont know what category this should be. If a real estate

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i don't know what category this should be. If a real estate broker doesn't pay the person who is the co-broker on the transaction per an agreement to share the commission - is there a civil fraud cause of action or something other than breach of contract, like deceptive business practice? shouldn't this person pay a penalty for absconding with money that doesn't belong to him?
Submitted: 6 years ago.
Category: Business Law
Expert:  Dave Kennett replied 6 years ago.

Dear Customer - If the parties had an agreement to split the commission that would be considered as an oral contract so if one party did not pay it would be a simple breach of contract. There could be a problem in that all contracts in the sale of real estate must be in writing so if this was a verbal promise it is likely that the contract is no enforceable.


In any case, the only cause of action would for breach of contract.


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