Real Estate Law

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I have been working with a Real Estate Agent. We found a…

Customer Question
I have been working...

I have been working with a Real Estate Agent. We found a house for sale by owner. They will not pay the real estate commission. Are we obliged to work with the agent and end up paying the commission. Or should we contact a lawyer such as yourself, and have them do the paperwork for our protection. It would seem that it would be far less expensive than paying 3% commission on a $300,000.00 sale!

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

No, because we wanted the agent to look at the property, but I am reluctant to do this due to a possible committment on our part to pay the commission

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
1/8/2018
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,000
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please give me a few minutes while I type your answer. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

The general rule is each party pays their own agent's fees and commissions. So if it is your agent, it is your liability to pay the agent commissions and fees. If you have a contract with the agent, you are obligated to work with the agent.

So, if you signed a contract or had an agreement with the agent then you would end up obligated to pay your agent. If you had no contract or agreement with the agent, then legally you do not owe them anything and you can do the sale on your own, but an attorney is still going to charge $2500-$3000 in attorney's fees.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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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).

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