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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hi,this is Mandy,I have few questions?Ma husband has a contracted

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Hi,this is Mandy,I have few questions?Ma husband has a contracted with the realty in 10/17/2012,but a months ago,The LLC bought the properties ,and my husband 's name in the LLC.Does my husband have to pay the realty?
Thank you for your question, Mandy. Please allow me to assist you if I can.

How long was this contract with the realty? Was it ever terminated or did it expire?
Customer: replied 3 years ago.
A year, The expiration date this year 10/17/13

Thank you for your follow-up, Mandy.

In a situation where a sale took place while the premises were under realtor contract, it does not matter if the realtor was responsible for the sale or the sale took place without the realtor's assistance, that party is entitled to a commission. It is irrelevant if the property was purchased by an LLC or a private party or if your spouse was part owner, as it was still a sale for money and not a free transfer, the realtor is entitled to commission. Failure to pay can get your spouse sued for damages and for owed commission fees as the property was still under contract.

I am sorry.

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Customer: replied 3 years ago.
Hi,I still do not understand because the LLC bought the properties,My husband he has the contract that is his personal things,LLC is a group..do you think We have to pay it?Realty does not do anything,and the realty want the this whole properties prices ?The LLC is not my husband's personal properties,but the realty asking how much the LLC purchased they want the 3percent of the total price?I am not going to pay that because my husband just a member in LLC.

Thank you for your follow-up, Mandy.

My apologies on not being clear with my answer. The LLC is a separate entity from your husband, correct? And it also paid money for the transfer, right? If yes to both, this is a standalone and a separate transfer and transaction. Because the property was on the market and was under contract to the realtor, the realtor is entitled to the percentage for a transaction. The fact he is a member of the LLC is irrelevant, this was a purchase and not a transfer. They are therefore entitled to a portion of the proceeds. If you choose to not pay, they can (and likely will) file suit in court for their percentage, and the courts will side with them.

Good luck.

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