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 Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
3396227
Type Your Business Law Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

i dont know what category this should be. If a real estate

Resolved Question:

i don't know what category this should be. If a real estate broker doesn't pay the person who is the co-broker on the transaction per an agreement to share the commission - is there a civil fraud cause of action or something other than breach of contract, like deceptive business practice? shouldn't this person pay a penalty for absconding with money that doesn't belong to him?
Submitted: 6 years ago.
Category: Business Law
Expert:  Dave Kennett replied 6 years ago.

Dear Customer - If the parties had an agreement to split the commission that would be considered as an oral contract so if one party did not pay it would be a simple breach of contract. There could be a problem in that all contracts in the sale of real estate must be in writing so if this was a verbal promise it is likely that the contract is no enforceable.

 

In any case, the only cause of action would for breach of contract.

 

Dave Kennett

Dave Kennett and other Business Law Specialists are ready to help you