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TJ, Esq.
TJ, Esq., Attorney
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Experience:  Licensed to Practice Law
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I have a commercial business that I have hired a Texas Association

Customer Question

I have a commercial business that I have hired a Texas Association of Realtors to help me sell my business. He has drawn up a commercial real estate listing agreement exclusive right to sell. There is someone who is interested in purchasing my business but I have decide to not sell the business. My realtor has threaten to sue me for $130,000 if I do not pay him $5,000 by 10am tomorrow. My question is since I have not sign any contract with any person to sell my business Why do I have to pay him $5,000.
Submitted: 3 years ago.
Category: Legal
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

I'm sorry to say that you likely owe the realtor money. Simply put, you signed a contract with him to sell your property, he has [presumably] worked on trying to find a buyer, and if you sell the property, then he is entitled to a commission. If you unreasonably refuse to sell the property, then he has a legitimate argument that he has fulfilled his obligations under the contract, and that he should not lose a commission just because you changed your mind.

I regret that my answer is generally unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found value in my answer. If your concerns were not satisfactorily addressed, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our session). Positive feedback is always appreciated as well. Thank you and good luck!
Customer: replied 3 years ago.
what is consider an appropriate amount since he change the fee from $4000 to $5000. I feel that he could be taking advantage of the situation.
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

Assuming he were to sue and win the argument, then he'd win a judgment for the percentage that the contract states that he is entitled to received. Of course, there is always costs and risk involved in litigation, and therefore, you should be able to get him to agree to settle for less. For example, if the contract states that he will get 6%, then maybe you can settle for 3-4%.

I hope that helps. Please remember to click "accept."
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9695
Experience: Licensed to Practice Law
TJ, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for your time and expertise.

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