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    frillypeas's Avatar
    frillypeas Posts: 1, Reputation: 1
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    #1

    Mar 21, 2009, 10:04 AM
    Realtor claims fsbo buyer was her client
    A realtor in MI worked with us on trying to sell our home. 3 years later, she wants to sue us for unpaid realtor fees. She claims that the buyer of our home was a client of her. We sold it FSBO since the realtor couldn't sell it within 6 months. Either the realtor is being tricky or the buyer lied to us. How much can the realtor charge along with the realtor fees that were owed 3 yrs ago... if she can prove that our FSBO buyer was indeed her client?
    Will we have to pay her attorney fees and any other fees she incurred such as fees to locate us? If so-----we would have to pay her realtor fees, attorney fees, finding fees and our own attorney fees. Are there statutes on this type of stuff?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Mar 21, 2009, 11:04 AM
    So, after the 6 months contract with the realtor, you put the property on sale as FSBO. The buyer than contacted you and a sale was arranged.

    Do you have any proof that the buyer never contacted you prior to the contract expiring?

    Seems to me unless the realtor can prove that you were aware the buyer was a client of the realtor and was aware the property was for sale, the realtor doesn't have much of a case.

    If you do lose, however, you may have a case against the buyer for falsely representing themselves to you.

    I would strongly advise contacting a local real estate attorney as this could get hairy. It might even be cheaper to try and settle for a portion of the commission.
    christiebeecher's Avatar
    christiebeecher Posts: 9, Reputation: 4
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    #3

    Mar 21, 2009, 10:50 PM

    The question is was she the procuring cause of the sale. If she can't show documentation that during the listing time and within the period of protection after the listing that the buyer 1)saw the home, and 2) made an offer during the protected period, during the listing or after the listing expired. If she had a buyers agency agrement with the buyers and they bought the property while she was working in their behalf, her concern is with them. Don't let her harass you, it is simply solved ether she does or does not have the documentation. It would be a good idea to can an attorney and get their feed back. ;)
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