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Kay McDonnell

Unpaid Commission on a real estate deal

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As a legal agent with full work permit and up to date real estate company, i have just realised that a deal that will close this next week is in risk of the commission not being paid.

Does anyone have any experience of this?

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23 minutes ago, Kay McDonnell said:

Ok well even if you have everything and go to court, it takes years

I am looking for a more instant answer

I am trying to stop the deal at the land department

I seem to recall you from a few years ago here and you were in the real estate business then and we did chat on a couple of occasions!

Being as experienced as you are, how did you manage to get into this type of situation? 

 

And please be careful that you don't <deleted> off the wrong people, because as you know it can sometimes be a bit like the "Wild West" out there. 

 

 

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1 hour ago, Kay McDonnell said:

As a legal agent with full work permit and up to date real estate company, i have just realised that a deal that will close this next week is in risk of the commission not being paid.

Does anyone have any experience of this?

Some answers to some questions may assist other in answering your questions.

 

1) Are you the selling agent or is the owner selling the property privately while still under an agency agreement of which I imagine you have signed and dated.

 

2) If you sold the property, where is the 10% (deposit) assuming it's 10% being held, in your trust account or the lawyers, if its the lawyers wouldn't you just provide them with a letter and a copy of the agency for your commission to be paid upon settlement ?

 

3) If your vendor has sold the property privately while under an agency agreement, you would be best to let it slide, unless you want to wait years to go to court and of course it could go either way, i.e. if the vendor can provide evidence that during your agency you didn't perform, however if you can prove you introduced the buyer then its and open and shut case. 

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15 minutes ago, 4MyEgo said:

Some answers to some questions may assist other in answering your questions.

 

1) Are you the selling agent or is the owner selling the property privately while still under an agency agreement of which I imagine you have signed and dated.

 

2) If you sold the property, where is the 10% (deposit) assuming it's 10% being held, in your trust account or the lawyers, if its the lawyers wouldn't you just provide them with a letter and a copy of the agency for your commission to be paid upon settlement ?

 

3) If your vendor has sold the property privately while under an agency agreement, you would be best to let it slide, unless you want to wait years to go to court and of course it could go either way, i.e. if the vendor can provide evidence that during your agency you didn't perform, however if you can prove you introduced the buyer then its and open and shut case. 

IMHO, I would agree that unless it is written into a signed agreement that the agency is exclusive and the exclusivity covers direct-buyers, the seller is not obliged to pay a commission unless the buyer was introduced(documented/provable) to the seller FIRST by the agency noted in the agreement.

Edited by ChasingTheSun
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I am trying to stop the deal at the land department.

 

Regardless of the rest of the details, wouldn't it be more prudent to wait until the deal goes through and the commission isn't (or is) paid before taking any action?

 

Stop the deal, and there is zero chance of the commission being paid, and a lot of downside potential for sabotaging a deal.  Let it go through and there is some chance of getting paid, and zero downside risk of being sued (or worse) for interference.

 

Edited by impulse
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Well thank you for your answers.  I feel that if a client does not pay commission, it is theft!

If any of you went to work on a job that took you a very long time and you did not get paid, what would you do?

We are talking about 800,000 bht

Why should the owner get paid for his property and the agent who worked hard, not get paid

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3 hours ago, Kay McDonnell said:

Well thank you for your answers.  I feel that if a client does not pay commission, it is theft!

If any of you went to work on a job that took you a very long time and you did not get paid, what would you do?

We are talking about 800,000 bht

Why should the owner get paid for his property and the agent who worked hard, not get paid

I would go to the labour department or any other official authority like the courts.

Do you have a well documented case?

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15 hours ago, blackcab said:

 

You have no legal right to do this, and if you do so and the sale falls through at the last minute then there is every chance both you yourself and the directors of your company would be liable to both the buyer and the seller for the full value of the loss of sale, as set out in Section 420 of the Civil and Commercial Code:

 

"A person who, wilfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound to make compensation therefore."

 

As you work for a real estate company and you have a work permit then your principal will have signed an agency contract with you. If your principal does not perform then your remedy is to take the matter to Court, not act in an unlawful manner.

That works two ways

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11 minutes ago, stevenl said:

I would go to the labour department or any other official authority like the courts.

Do you have a well documented case?

Cannot understand what the labour department could possibly do

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