Belt Auction

2 Real Estate Asking for commision on closing the house?

This is my problem. I listed my house with donati real estate for about a year. they couldn't sell my house so i asked my agent that I want out from their contract and going with century 21. he said you can go ahead there will be no problem. so now i am with century 21 & my house is in contract. Now this Dontai agency came back from dead & want commission too. They are threatening to come on the closing table & want me to pay him too. I am already selling the house very cheap just to get rid of it & there is not much money going in my pocket if I have to pay them then I'll have to pay them from my own pocket. Please Help if anybody knows any thing about this & where can i complain. Thanks

Public Comments

1. You need to go see a lawyer right away. I have seen people forced to pay two commissions. The lawyer may negotiate a lower commission on the sleazy first guy or may get him to back off altogether. The lawyer may advice you to find a way to back out of the sales contract. The lawyer will certainly get you to have all agreements in writ ting (including a release of listing).
2. go back and read the contract that you signed with donati realty. It probably says something about them getting a cut if the buyers you are now under contract with originally saw your house while listed through their agency. (they usually say within the year) If that is not the case, then I don't see how they could have any claims to your money. I would call their bluff, and let them come to the closing...I bet they won't. Be sure you have reviewed the original contract, and all is legit.
3. You should hve gotten something in writing releasing you from the contract.
4. Look at the listing agreement with the first broker. It will tell you how much notice you must give in order to cancel the listing (I assume it was an exclusive listing). If you gave them that notice and then you hired Century 21 after that period had passed then you're home free. You did pay attention to these details didn't you? If you screwed this up and didn't wait for the notice period to lapse prior to signing with Century 21 and assuming that Century 21 found this buyer after the notice period had lapsed you're still okay but you'll have to straighten out the problem. Century 21 and Dontai will end up fighting for the commission and will probably go to the arbitration panel for the local real estate governing board (this is usually non-government but is a self-regulatory body run by and for the realtors). Now, if you didn't give Dontai any notice and hired Century 21 or Century 21 found a buyer while in the notice period you're kind of screwed and you need a real estate lawyer. The one handling your house sale can probably help for an additional fee.
5. Lets' hope you got the cancellation in writing. If not WHY NOT??? Ask Donati if they were procuring cause to have you house under contract. If they did not have anything to do with your home selling you most likely don't owe a commission. Check your contract. Why people don't get these things in writing are beyond my comprehension.
6. The odds are that you may owe them a commission. In addition to waiting the required amount of time if you buyer looked at the property while they had the listing then the commission is theirs. They are legally entitled to it. Your broker that you are presently listed list was supposed to make sure that everything was done correctly. If they do not voluntarily pay the commission out of their pocket you can complain to your states real estate board. While I think you may have made a mistake your listing agent failed to assist you appropriately. They were negligent in their duties if they did not assist you in following the laws appropriate for your state. Just remember that it was Century 21 that you need to go after, they are the ones that responsible for your mess, not donati.