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.
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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