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Thank you for your question. Please permit me to assist you with your concerns.
In terms of this person also being an attorney, that sometimes gives the broker a false sense of superiority and makes them believe that they are above their own terms. Luckily that can be rectified. What you can do is send her a formal certified letter stating that she failed to adhere to terms of the agreement (provide a record), failed to communicate, and has not performed the terms of the agreement. In the letter request the information and state that you are requesting formal assurances that she is able to perform the work, and if she does not reply back t you with some sort of confirmation OR your information by the date (usually 14 to 30 business days), you would consider their agreement to be breached based on the lack of action on her part.
However that would NOT keep her from potentially pursuing you if anyone that she provided to you from the digital record ends up buying the property. Under state law if the broker assisted in finding the initial buyer, even if the sale and the offer took place after she was no longer your broker, she would still be entitled to a commission. So please keep that in mind--the only way to not pay her is to ensure that the contract is formally terminated AND get someone to purchase the business that she did not initially provide you based on her representation.
Hope that helps.
what you suggested was exactly what I wanted to send her in a letter. I did speak with another broker I may possibly list my business with next year and he stated that if he has a list of the clients she introduced to the business he would simply not market the business to any of the people listed on the list. This is the reason why I wanted to have the list. What should I do if she does not provide this list? I fully understand she is entitled to her commission and I do not want to deny her of this. I just want to avoid paying her a commission as well as paying a commission to my new brokeras well that would be unfair to me. One last question, why would this broker want to withhold a list of individuals she marketed my business to? It would seem to me she would be more than happy to provide the list so that there is no confusion on this understandings?thank you
Thank you for your follow-up, Jonathan. Glad to read that we are both seeing this situation similarly.
In terms of why she may want to withhold the list, there are a few answers that come to mind. One may be the fact that she wants to be petty, and that now that she sees that she is not going to make any money from you, is unwilling to expend more labor. Another might be that she did not have a digital record, which is why she is now unable to provide it. I likewise do not see the logic here other then pettiness. The other may well be an attempt to ensure that you accidentally sell this to someone she provided by mistake, so she can still get paid. That sounds devious but it may well be the reason also.
Thank you for your follow-up, Jonathan.
This attorney is intentionally being obstinate. It may be wise to write back to her and state that any confusion, errors, or improper information that she did not fully disclose would be ultimately read against her. That means that if someone on that list is improperly or incompletely listed, and you work with that person to purchase the property (and based on information provided you are somehow unaware that this was someone you worked with in the past), you could later claim she is not entitled to the profit based on incomplete notice and disclosure. For example if you only work with someone based on first names and he later discloses his last name which is on the list, the broker would be entitled to payment. But if he does not introduce himself, buys through a third party, and so forth, she would be out of luck. About the only thing you can do is file against her and claim breach of contract, but it may be just better to let it go--she is intentionally making it hard on you, but that likewise makes it harder on her to obtain benefits as well.
That is a very big deal. An attorney's license DOES NOT grant that person a right to act as a broker--as a real estate attorney, yes, but not as an intermediary. That is something that you can report to the state real estate commission AND to the county bar association as she is unethically claiming privileges that she is not permitted to claim if her license is expired.
Hope that clarifies!
Thank you for your follow-up. In that case I will stand by my original statement--if nobody in the office has a real estate license, they cannot sell or help sell real estate. Maintaining such an office without a license is a violation of he legal duty to the office and is also a violation for lying and misleading potential real estate clients. The complaints are therefore valid. The abandonment and lack of communication to the bar is irrelevant as she was not your attorney,but failure to maintain the right licenses is an issue.
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