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Agent Claiming Commission |
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I have a question that I'm hoping you can answer.
An casual acquaintance recommended someone who eventually rented a home that we had for sale. After six months, the renters made us an offer to buy the house and we accepted and closed on the home with no involvement or assistance from the acquaintance.
The acquaintance has now advised us that they are entitled to a commission. We weren't aware that this individual was a realtor. We have now been advised that this person is an agent but not a broker but he wants the commission check to be written to him with no broker involved.
We are very confused. Do you have a recommendation?
Daniel M
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Based only on what you've told me, I'd say that even if that person had suggested a tenant, and even if he'd been entitled to a commission for the rental, he still wouldn't have a claim to commission for a later sale. Besides that, it is probably illegal for him to claim any commission directly. I don't know the exact kind of license he holds, but it's likely that all commission (if any were due) must be paid to his supervising broker, to the company. I'd suggest you tell him he's welcome to sue for a commission. I can't imagine he would dare to -- again, based just on what you've told me. If you want to make a bit of trouble, contact the managing broker in his office and innocently ask for information about how much commission is due him. If you want to make real trouble, take the question you asked me to the Florida Division of Real Estate www.state.fl.us/dbpr. Let me know what happens; I'm interested. |
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Edith
Originally published on July 18, 2007 |
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