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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am with Century21

Customer Question

I am with Century21 XXXXXXXXXXX
My name is*****
I am representing XXXXXXXX who has been given power of attorney
from the owner of the house XXXXXXXXX
He signed the IBS form on 6/7/15.
We have two offers on the propery as of today.
This morning I received an email from Mariam stating she has a friend
that may be interested in buying the house and then she would not
have to pay a commission.
I have had showings and two offers but no contract as of yet.
I am a new agent and would like to know if I have any legal
grounds to receive my commission.
Should I have any conversations with seller or attorney in fact.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question, Sharon. Please permit me to assist you.
Please allow me to warn you first--you are posting at a public site where there is no attorney-client privilege nor any confidentiality. I will ask the moderators to remove all names that you are posting so as to best protect your identity.
To answer directly, if you have a personal contract with the seller, it is irrelevant if he sells through you or through a stranger, or demands you give up your commission--if the sale started during your time of representation, you are entitled to the commission, and if the seller does not pay you, you have a very direct and strong case via small claims. Such cases are routinely upheld by the courts as they see your commission agreement as binding unless and only unless you personally waive that obligation in writing.
Dimitry, Esq.