All Forum Posts by: Douglas Gratz

If you wanted to fire him, why didn’t you fire him?  

After he supplied the buyer, he has finished his task.  Whether you legally can withhold commission or not, you should pay his commission (which he may be splitting with buyers agent).

RE is not a large community.  Ethics helps in relationships. 

I once agreed to pay bird dog $15k finders fee but bird dog had to do more work than he had likely expected.  I paid him $20k.  Undeknowst to me at the time, seller also had agreed on a fee and decided to stiff the bird dog.  I still have good relationship with bird dog.  seller does not and who knows how many people bird dog told about seller stiffing him. 

Good luck

Land takes a long time to sell and lots of work. Since you vest in a business entity and it's raw land residential real estate rules are not the same as commercial (even though is zoned residential The disclosure you mention doesn't need to be signed and disclosures are often re-provided at closing to cover all bases, it's a he said she said- he will say he gave it to you twice.) 

Attorney fees you will pay up front perhaps $100000. If agent is part of corporate brand they have in house almost free. 

You have mediation in the listing agreement? It's going to be an agent who may not see you in the light you wish to be cast. 

If goes to jury trial you need every piece of paper in order and it will come down to who they like better, (really all in the emoticons not the facts because contract law is boring to a jury). 

PA law is vague as too what is commercial even if you intended to build residential units on the vacant land.

The term "commercial property" means (1) any building, structure or facility, or portion thereof, which is used, occupied or is intended, arranged or designed to be used or occupied for the purpose of operating a business, an office, a manufactory or any public accommodation; and (2) any vacant land offered for sale, lease or held for the purpose of constructing or locating thereon any such building, structure, facility, business concern or public accommodation.

Will your Dad be part of this lawsuit? The names of the partners get exposed, there's that as well.

My suggestion is to bend $5000 concession out of him, close the deal, and let it flow down the Schuylkill River.

You agreed to pay him to find you a buyer. He found you a buyer from whom you will make a lot of money. Pay the agent his fee. It's not worth it to try and find a way out over a small detail like that, it's not right either. It's a damn Consumer Notice.

@Douglas Gratz Not likely is it grounds to void the listing contract.

Is this considered commercial property?
Are you as the seller, an entity or an individual?

Quote from @Douglas Gratz:

Hello friends,

I am selling a piece of land, its under agreement and closing is in a few days. I have been wanted to fire my agent for a long while but I had no grounds, I just found out he never gave me the consumer notice when we signed out listing agreement.

Am I entitled to keep the commission?

If so how do I go about it? I am from PA

Thanks

Did he bring the buyer? If so, it's a non issue. Besides, he will just say he gave it to you and you won't produce it. Prove a negative in court. Tough to do. Yes, you'd probably be sued for the commission.