How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawGirl Your Own Question

LawGirl
LawGirl, Lawyer
Category: Real Estate Law
Satisfied Customers: 4606
Experience:  I am familiar with this area of law.
Type Your Real Estate Law Question Here...
LawGirl is online now
A new question is answered every 9 seconds

Real estate commission dispute California---In the ...

Customer Question

Real estate commission dispute California---In the old days they always said a commisson was payable if you produced a buyer ''READY, WILLING AND ABLE".                                        &nbs p;                                         &n bsp;       I am licensed and produced a ready, willing and able buyer that did purchase. There was some lack of activity on my part in helping close the deal and I was not paid.     I have been told by unreliable sources that the old standard has been amended and more is necessary to earn the commission.?????
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  J D Haas replied 6 years ago.
What does your contract with the client say? That is the most important factor in this analysis. If your contract says rwa buyer then you may have earned your commission. If it uses a different standard, then that standard would apply. Fee disputes like this will primarily be resolved on the contract language in the particular case.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

In the future, if you would like to specifically ask me a question,
you can ask for me in the body of the question.


Please be aware that my answer is not legal advice,
it is merely information. The only way that I am legally
responsible for your legal rights is if you have signed
a written retainer agreement with my law firm.
Customer: replied 6 years ago.
This question needs someone that is current with California practice and case law. As there is only a contract between the buyer and seller in which seller agrees to the commission percentage, the fine points of this dispute, and the lines along any resolution by the parties and/ or court revolve around California practice, California listing boards rules and case law.
Expert:  J D Haas replied 6 years ago.
I will opt out and hopefully a CA lawyer can help you.
Expert:  LawGirl replied 6 years ago.

I practice in California and have a couple of follow up questions. Were you the seller's agent? Was there a listing agreement? Even though you were did not help close the deal, did you still broker the deal? Or, did your clients rely on another broker to get the deal done?

Customer: replied 6 years ago.
Thanks CA Gal--
My assistant and the buyer saw a sign on a house and called. Offer submitted. There was a big push by the sellers agent, some absolute deadline that had to be met and he would run over at times and get signatures etc from the buyer. My assistant was very lax,one of those supersalesmen types.
I am licensed under my name and a DBA. I was lax and we came to the day the loan docs were expiring to find out they had not put my name on the final papers. And I could not risk the loan docs expiring: and let them close.
Now that there is not much business I decided to open some old files.
I do have a draft set of escrow instructions showing my name as buyers agent. So in court they would have to do some explaining, hopefully shifting some of the burden to them.
I am semi-retired and had enough attorney work done that I believe I can easily meet the old ready willing able standard, with draft escrow documents in my name--its just I had heard that this was not enough any more.
I am sure that if you practice in CA in this area that a paragraph answer will give me as much information as I could expect for this service. Thanks
Expert:  LawGirl replied 6 years ago.

DearCustomer

Thank you for your question.

It sounds like you did not have a written broker agreement with the Buyer. In which case, the buyer may be able to terminate your services at any time and argue that you are not entitled to a fee. By California, you may need to prove "procuring cause" of the ready, willing and able buyer.

Commission disputes boil down to what is referred to in the industry as "procuring cause." The agent who ultimately caused the buyer to purchase the home and earned the commission is the procuring cause agent. That procuring cause agent might not be the agent who obtained the offer from the buyer, presented the offer and successfully negotiated the seller's acceptance of that offer.

Now you have draft escrow instructions showing your name as the buyer's agent, if the buyer had a change of heart, feeling that you did not undertake your duties and were not the procuring cause agent, that would be an argument they could put forth to the court.

Your best argument is that your assistant introduced the buyer to the property and submitted the offer to purchase to the seller. Thereby arguing that you were the procuring cause and that you created an implied-agency agreement, so you are entitled to the commission.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

LawGirl, Lawyer
Category: Real Estate Law
Satisfied Customers: 4606
Experience: I am familiar with this area of law.
LawGirl and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 6 years ago.
Very very good work !!! Thank you
I was not familiar with the term “procuring cause”. Since the sale closed, not like those terrible rwa situations where there is no sale, it would seem that procuring cause is a rather low level to overcome.
Are you interested in drafting the complaint??
My plan would be to start out as the plaintiff and have a non-real estate attorney that I work with take over if it gets beyond me.
I would be also naming the escrow company, so should that should bring in the pro attorneys. I consider that positive as their expenses will exceed mine, initially.

I come from an engineering background and would be able to draft up the facts, concentrating on what attorneys want to hear and leaving out the irrelevant.

I guess you would like to see my draft before quoting that is if you are interested.
This distasteful work would take me a few weeks to make up the draft.
Thanks again!!!
Expert:  LawGirl replied 6 years ago.

No problem. I am glad I could help.

I would be happy to review your facts. Generally, we are not to give out our personal contact information through the site; however, I am happy to speak to a site moderator about that policy. In the meanwhile, you could work on your Statement of Facts and check back with me.

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.