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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33713
Experience:  15 years real estate, Realtor. Landlord 26 years
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I sold a business in may of 2015 I was in a contract with a

Customer Question

I sold a business in may of 2015 I was in a contract with a real estate agent until December of 2014. there was 180 use that was in the listing agreement to pay the agent commission on a to a person they showed the business too. The buyer contacted me in February 15 after a mutual friend told him the business was still for sale. The realtor had showed him the property 1 year earlier February of 2014.
The buyer had only the one contact with the agent and the buyer was not interested or able to buy at that time. The realtor is suing me for what believes to be his commission. I did not there was a 180 clause that is my fault over a year after he showed that person my business does really have the right to the commission or do I stand a chance incourt?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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does really have the right to the commission or do I stand a chance incourt?

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I hate to say it, but if he had a 180 day "protection period" in the contract and you sold it to anyone that the realtor had showed it to while it was listed within that 180 days, no matter how long ago, then the realtor can claim the commission.

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The fact that you didn't know the protection period was in the contract wouldn't be a defense because if you signed the listing contract you are presumed to have read and understood it as well as agreed to all the terms in it.

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So I am afraid that you are not on very strong legal footing here to fight this out in court if he can prove he showed it to the buyer while it was listed and you sold it to them within 180 days of the listing expiring..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister