Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Second opinion] is it illegal to agree on a buyer-broker fee…

Customer Question
Second opinion] is it...

Second opinion] is it illegal to agree on a buyer-broker fee when the buyer has single handedly found the property that he or she wants without the broker discovering the property, however the broker obv brokered the purchasing agreement?

Lawyer's Assistant: What's the contract for? Who are the parties?

Its for a housing purchase buyer(us), buyer broker (our guy), seller and seller's broker

Lawyer's Assistant: Where is the property located?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That we found the property online, visualized it and then sent our realtor who has not disclosed yet what is fee will be, we broached the subject of a finder/referral fee for us to assist with closing costs, but he states it is "illegal" i dont believe him

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Real Estate Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

I require a one line answer of is this legal and are we entitled to a finders fee?

Submitted: 8 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
We are the buyers and we found the property on our own. We told our realtor to broker the deal, and now we have an offer that was just accepted. We just casually asked our realtor about our finder's fee to help offset closing costs etc and he is avoiding us.
Answered in 10 hours by:
8/5/2017
Real Estate Lawyer: Irwin Law, Lawyer replied 8 months ago
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,545
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Verified

The buyer broker fee is governed by the same law as a seller broker fee. That is, it must be in writing and signed by both parties. The contract must specifically state the conditions on which the buyer of the home becomes liable to pay a commission or find your fee to the broker, and what the percentage is. The court will enforce the terms of the contract Since I have not read your contract, I cannot tell you whether you would win or lose in court, or how much you might be liable for.an

I hope that this information has been helpful to you. If so, a 5 star rating is hoped for. Please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
I am specifically asking about my broker paying part of his commission out to us or in other formats as a goodwill, since we found the property. Essentially he did no leg work and only brokered the deal.
Real Estate Lawyer: Irwin Law, Lawyer replied 8 months ago

It's illegal for a licensed real estate broker to share a commission with a non licensed customer. Your broker most likely plans to attend the closing and receive his full commission, which is 50% of the full fee. Sorry, but there is nothing you can do about it. Perhaps your broker might buy you a nice house warming gift.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,545
7,545 Satisfied Customers
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.

Irwin Law is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Will a real estate attorney handle disbursement of money
Will a real estate attorney handle disbursement of money from sale of house to each party of divorce and third party creditors. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Are you familiar with Texas real estate and contract law.
Are you familiar with Texas real estate and contract law … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
We are presently under contract with a real Estate company
we are presently under contract with a real Estate company and want to terminate our contract. we understand that in accordance with our contract we will owe the company 5% of the selling price and in… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I'm concerned about being asked to pay closing costs on anew
I'm concerned about being asked to pay closing costs on anew house that has not been built yet … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I have a house that I paid the real estate taxes on for a
I have a house that I paid the real estate taxes on for a friend and have never been paid back. He is now deceased, can I foreclose on him? I rent the house for the last 7 years, but would like to sel… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am trying to sell my house and I need a real estate
I am trying to sell my house and I need a real estate lawyer. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I entered into a real estate contract to buy a house but i
hi. i entered into a real estate contract to buy a house but i did not like the terms of the loan and i want to back off and closing is tommorow . is it possible and what are the legal consequences … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I wrote a short seller clause for maximum closing cost, I
I wrote a short seller clause for maximum closing cost, I want to know if possible if the below clause is legally correct. Seller agrees to pay at closing up to a maximum of $ 20,000.00 of closing cos… read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
Real estate agent UNDERSOLD my house by maybe 60k. Marylamd.
real estate agent UNDERSOLD my house by maybe 60k. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
REAL ESTATE CONTRACTS. TENN. I WANT TO SELL MY HOUSE NEED
I AM SELLING MY HOUSE WANT TO GO INTO CONTRACT, ON AN "as is" basis… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Purchased house in 2004 with, what are real estate agent
Purchased house in 2004 with, what are real estate agent describe as "creative financing". One primary lender (Adjustable Rates), and a secondary lender (Balloon). Due to unforeseen circumstances we f… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I am plan on starting a real estate investment business and
I am plan on starting a real estate investment business and will need a lawyer to check any contracts and do closing. How would I go about finding someone? I am just starting out and really do not hav… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x