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  1. #1
    Join Date
    Jun 2005
    Posts
    3

    Default Real Estate Broker is Suing for a Commission Without Selling the Property

    A Arizona RE Broker has filed a small claims suit against us claiming we refused to pay her commission. After 12 month listing she did not bring one offer until the last week of the listing time, we said no to the offer. We have relisted the land with another broker. Within a week we had an offer $4000 higher.
    The broker was denied a lien by the state and county.
    No Arizona attorneys are interested in helping us because of the small amounts.
    Any help will be appreciated.
    Thank You
    Howard

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Real Estate Agent Wants Commission

    If you can demonstrate that the agreement with the first broker expired prior to the deal, and that the purchaser came to you through the new broker subsequent to the conclusion of the original contract period, you have a strong defense to the claim. You may need your agent, and possibly the buyer, to back you up by appearing as witnesses - or, if permitted in your jurisdiction, to provide affidavits to support your story (such that you can submit their sworn statements without their having to actually appear in court).

  3. #3
    Join Date
    Jun 2005
    Posts
    3

    Default

    Thank You aaron,
    We just got a e-mail from our new RE Broker this evening. He has talked to the attorny for his firm. He does not think we have a problem at all. The complaintif could not get a lean or injunction as the state provides to realestate firms. That is why she has gone to a small claim court. Her own listing contract shows the listing was up plus our last e-mail message from her states our listing was up.
    We feel she just wants to be vindictive.
    I just don't understand how she could lie on the complaint and the justice of the peace let her go ahead and file. We are afraid the J of the P is a friend of hers. Or she just hopes to win by us not driving out to Arizona from New Mexico to fight and let her win by defalt. It's a 500 mile drive but I leave in the morning to file a counter claim for time and gas money to answer the claim.
    Thanks Again> Howard

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Lying on a Complaint

    There is not ordinarily any review of the allegations in a complaint before it is filed, nor would a magistrate have any real means of testing the allegations. A civil complaint is typically taken at face value, unless allegations are disputed by the defendant.

  5. #5
    Join Date
    Jun 2005
    Posts
    3

    Default

    Thank You.
    I have hired an attorney and am on my way to Arizona.
    Thanks Again!
    Howard

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