Lawyer as a seller's agent

PENNSYLVANIA.

In the state of Pennsylvania, is a lawyer -- who is not licensed as a real estate broker -- and who has an open/non-exclusive real estate listing to sell a commercial property with no specified termination date:

• subject to Pennsylvania Bar Code of Ethics?
• subject to Pennsylvania Real Estate Codes?
• be terminated at will by the client yet still be owed commission?
• have rights to any contacts (not active negotiation or procurement of buyer) in perpetuity even after termination?

The attorney had been providing this service "as a favor" to his clients, with the understanding that if he found a buyer he'd be paid commission. He has not found a buyer, and his services have been terminated. What are his rights to any co-commission?

Can you point me to any statutes or Code sections I should look for to get answers?

Thank you.

[HomeGuru]

[quote]Originally posted by tapthenetre
[b]PENNSYLVANIA.

In the state of Pennsylvania, is a lawyer -- who is not licensed as a real estate broker -- and who has an open/non-exclusive real estate listing to sell a commercial property with no specified termination date:

• subject to Pennsylvania Bar Code of Ethics?

**A: yes if this person is a licensed attorney in PA.
*******
• subject to Pennsylvania Real Estate Codes?

**A: yes. Is this person a Realtor member? If so then, the Realtor Code of Ethics and Standards of Practice would also apply. If not, then same may be used a guideline anyway.
********
• be terminated at will by the client yet still be owed commission?

**A: yes pursuant to the terms and conditions in the listing contract.
******
• have rights to any contacts (not active negotiation or procurement of buyer) in perpetuity even after termination?

**A: no.
*********

The attorney had been providing this service "as a favor" to his clients, with the understanding that if he found a buyer he'd be paid commission. He has not found a buyer, and his services have been terminated. What are his rights to any co-commission?

**A: it depends on the listing contract .
*******

Can you point me to any statutes or Code sections I should look for to get answers?

Thank you.

**A: you have not stated what exactly is going on. Regardless, hire an attorney.

To answer your questions:

~ The lawyer is NOT a member of the PA Board of Realtors

~ The laywer is NOT a licensed real estate broker

~ There is NO listing contract. All there is a letter signed by the clients that this was a non-exclusive listing, and that if lawyer found a buyer, he would be entitled to finders' fee commission. There was no termination date listed in this agreement letter. The client terminated the lawyer in person and in writing.

==================

Can a lawyer collect both legal fees and commissions working on the sale, or just one or the other?

[HomeGuru]

it is possible for the lawyer to collect both although there may be a possible conflict of interest.