Professionally Resolving Commission Disagreements
Did a real estate transaction fail to go the way you intended? When a sale or purchase of property does not go as planned, real estate professionals and homeowners alike can have questions regarding commission payments. At the Law Offices of Kenny Tan, our seasoned California lawyers resolve commission disputes through alternative dispute resolution and litigation.
Contact our real estate law firm if you need representation with your commission disputes. Our attorneys have more than 15 years of real estate experience and will analyze your listing agreement in order to help get you the results you desire.
Earning a Commission as a Real Estate Broker
Commissions are not set in stone. It is very common for the broker and seller to negotiate the commission rate and terms prior to signing a brokerage agreement. Certain conditions must be met in order for a real estate agent to earn a commission. These conditions include the broker being licensed as a real estate agent and performing all the conditions set forth in the agreement. When the responsibilities of each party are not understood, legal disputes can arise.
Sources of Commission Dispute Litigation
At the Law Offices of Kenny Tan, we know there are many areas that give rise to commission disputes and litigation. Our real estate attorneys represent clients in the courtroom in more than 80 percent of our cases. Some areas that create a need for litigation include:
- Sellers engaging in their own marketing — Listing agreements usually provide for how the property will be marketed. If the listing agent has not provided that the seller can market the property on his or her own, then the agent may have an action against the seller.
- Safe harbor periods — If a buyer submits an offer after the listing agreement has expired, there may still be a safe harbor period involved. A real estate agent is entitled to receive commission during the safe harbor.
- Engaging an unlicensed broker — An individual must be licensed as a real estate broker to receive a commission in California.
- Failure to explain the brokerage agreement — It is important for brokers to explain all the terms of the listing agreement to the parties involved in order to prevent future misunderstandings of each person's obligations.
Relationships can deteriorate due to poor communication. At our law firm, we will take the time to analyze your listing agreement and explain the details while helping you to understand the obligations of all parties involved in the real estate transaction.
Contact our commission disputes law firm by e-mail or call 1-877-616-0430 to speak with a qualified real estate attorney. We will inform you of the responsibilities under your listing agreement and work to resolve any disputes relating to it.
