What to do if my realtor is not honoring an agreement regarding thesplitting of the sales commission paid for my house purchase?

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What to do if my realtor is not honoring an agreement regarding thesplitting of the sales commission paid for my house purchase?

My real estate agent signed a written agreement with me that if I bought the house from the builder, he will split the real estate commission with me. We closed on the house June 2011 and he is not not honoring the agreement. What can I do to make him pay?

Asked on August 15, 2011 Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay well first you have to figure out if the agreement is legal in your state.  Some states do not allow what is known here as "fee splitting" between certain professional organizations ( like attorneys, etc.) and lay people or other organizations ( like doctors and attorneys fee splitting in a personal injury action).  So see if the agreement is legal.  If it is then you can sue based upon the agreement which hopefully fits the bill as a legal contract.  You would probably have to sue in small claims court and would want to to save filing fees, etc., as long as the amount fits within the monetary ceiling for the court.  Good luck to you.


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