How to collect your fee when your client refuses to sell
02/20/2015 | Author: Editorial Staff
My client received a full-price offer on a property I listed for him after signing a Residential Real Estate Listing Agreement Exclusive Right to Sell (TAR 1101), but he now states he is no longer interested in selling his property and refuses to accept the offer. I believe that I still deserve my commission because I fulfilled my obligation under the listing agreement by bringing him a suitable buyer. Am I still entitled to receive my commission?
Yes. Paragraph 5 of the TAR Listing Agreement explains that a seller will pay the broker either a percentage of the sales price or a set fee when the compensation is earned and payable. This paragraph also lists the circumstances when compensation is deemed “earned” and “payable.”
In this situation, you could argue that the compensation was earned when you procured a buyer who was ready, willing, and able to buy the property at the listing price, and the compensation was payable when the seller refused to sell the property after your compensation had been earned. Alternatively, you could argue that the seller’s refusal to sell the property was a breach of the TAR Listing Agreement, and that compensation was earned and payable as a result of that breach.
If negotiations with your client fail and your client is not willing to pay your compensation, you may need to contact an attorney.
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