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I need to find out if I have a case against a builder. I am…

I need to find...

I need to find out if I have a case against a builder. I am a real estate agent as was working onsite as a salesperson for a broker and a builder. I had a client that came in when I was working at the model home that wanted to build on their own land. They also had me list and sell their current home, I did sell their home. I was the one that worked with them on the design and floorplan for their new home as well and met with them several times. I have the emails from the engineer as well as from the clients on the design. The builders step daughter is in charge of the build on your own land department and she met with us as well. She then hurt her back and delayed the process so I took over with the engineer and my clients. My clients would not sign the new build until their home was closed and I have the text proving this too. I also have the contracts on the new home listing me as the real estate agent and text from the builder telling me they were going to pay me 3% plus a $ 2500 referral fee. After I sold their home the builders approached my clients and talked them into excluding me from the deal and reducing the cost of their home by the amount of my commission. The commission is $ 16,000. I watched the listing broker do this on another transaction and turned him in to my broker. The broker is making the other agent pay the commission on that one to a fellow agent. The fact I was working onsite for the builder my company has no way of enforcing them to pay. Can you please tell me if you think I have a case ? Thank you , Kelly

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

Texas

Lawyer's Assistant: Has any paperwork been filed?

They were waiting on their current home to sell and as soon as it did the daughter approached my clients about reducing the price by taking me off the deal. I have the emails from my clients that they would sign as soon as it was closed and emails after the closing letting the builder know it was closed.

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

I know I have enough evidence and have the addendum and guest card that they were my clients

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Answered in 6 days by:
3/14/2018
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Customer reply replied 1 month ago
Please , I would like a response.Thank you
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,212
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Hello: My name is ***** ***** I am an attorney.

With whom did you have a written contract? Are you saying the person with whom you had the written contract to receive a commission breached the contract?

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Customer reply replied 1 month ago
Hi Damien, this is the part that gets tricky. I was actually working as an realtor but working from
David Powers model home and was acting as a realtor/salesperson. The couple came into the model home and want to build a David Powers home on their own land and they asked me to list their current home, I listed and sold their home, they would not sign off on the paperwork for the new build until they closed on their current home. The builder approached my clients and told them they could reduce the cost of the new build by $16,000 (my commission)) if they took me off the deal. I have the paperwork, text and emails listing me as the realtor. I have a text directly from The Powers head of build on your land saying they were going to pay me 3% plus $ 2500 bonus. I also have emails from the engineer and my clients showing I was the one that helped design the new home and met with them several times.

Hold, please while I read and respond...

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I see. This is starting to sounds more like an equitable claim. That means it is not necessarily based on contract law but other types of claims like promissory estoppel (you were promised something, did the service, and someone did not fulfill the promise) or unjust enrichment (someone was unjustly enriched due to the services you provided). You could possibly base a clam on the promise to pay your the 3% plus $2,500. also. So there does seem to be enough evidence to make a colorful claim. The issue will be if you can find a local attorney to take your case at a reasonable hourly fee or on a contingency basis unless you try to do it on your own.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
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