How to enforce a verbal contract

[Flavia]

I am a real estate agent, I had assisted one of my clients to build two duplexes with a builder in town. The builder agreed to pay $7000 as my commission for each duplex(he did added $7000 to the contract of each duplex). When the first duplex was completed, he paid me $3500 first and after couple of negotiation, finally settled for $6000 total.
When my client built the second duplex with this builder, he still asked me to ordinate the work between him and my client. The duplex was completed 2 months ago. He denied the agreement of commission, and he said he was never agreed to pay me. I don't have any written contract with him, everything is verbal. How can I collect the payment??
Thanks for your help!!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Flavia:
I am a real estate agent, I had assisted one of my clients to build two duplexes with a builder in town. The builder agreed to pay $7000 as my commission for each duplex(he did added $7000 to the contract of each duplex). When the first duplex was completed, he paid me $3500 first and after couple of negotiation, finally settled for $6000 total.
When my client built the second duplex with this builder, he still asked me to ordinate the work between him and my client. The duplex was completed 2 months ago. He denied the agreement of commission, and he said he was never agreed to pay me. I don't have any written contract with him, everything is verbal. How can I collect the payment??
Thanks for your help!!<HR></BLOCKQUOTE>

I think you need to go back to real estate school. The commission you are discussing is not a real estate sales commission but rather an independant contractor consulation fee for services rendered. Therefore the matter falls outside the scope of a commissionable real estate transaction.
Although the subject verbal contract if in writing would not be considered a real estate contract, if the contract was in writing it would be enforceable.
You learned in a real estate prelicensing course and possibly a CE course certain aspects of contract law. You would not list or sell real estate unless it is in writing so it is obvious that you did not follow your own industry criterion. Your only recourse now is to file a complaint against the builder based on your verbal contract.

 

[I AM ALWAYS LIABLE]

My response:

It is apparent that this person is not practiced in the law or the requirements of Real Property transactions. In fact, it is abundantly apparent that she was absent on the day contracts was being taught.

Additionally, it is further apparent that our writer has a difficult time with reading and understanding instructions; e.g., at the top of this page, in RED letters, is the reminder to put the State name in all posts. Because of her apparent difficulties, we cannot give her anything more than generalized assistance - - of which may be absolutely useless to her, because of this singular failure.

For example, had she given her State name, we might have been able to give her specific information concerning her State's version of:

The Statute of Frauds

While it may come as a surprise to the lay person, it is possible to have a perfectly valid oral contract. Reducing a contract to writing is not a prerequisite to its enforceability. The exception to that general rule is found within the Statute of Frauds. The Statute of Frauds is a collective term describing the various statutory provisions which render unenforceable certain types of contracts unless they are evidenced by a writing. The Statute of Frauds does not mean that oral agreements within the scope of the Statute cannot be made and performed or that they are illegal. It merely means that enforcement may be unavailable if one of the parties refuses to fulfill their obligations.

The Statute of Frauds is different in most every State, so it was imperative to know her State name. But, because of our writer's continual failures, she not only lost her "fee", but she also loses in being able to obtain assistance from this site, that could possibly have (but not likely) been able to help her to get her fee in a court of law, but for her failure to give us her State name.

IAAL

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[Flavia]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

It is apparent that this person is not practiced in the law or the requirements of Real Property transactions. In fact, it is abundantly apparent that she was absent on the day contracts was being taught.

Additionally, it is further apparent that our writer has a difficult time with reading and understanding instructions; e.g., at the top of this page, in RED letters, is the reminder to put the State name in all posts. Because of her apparent difficulties, we cannot give her anything more than generalized assistance - - of which may be absolutely useless to her, because of this singular failure.

For example, had she given her State name, we might have been able to give her specific information concerning her State's version of:

The Statute of Frauds

While it may come as a surprise to the lay person, it is possible to have a perfectly valid oral contract. Reducing a contract to writing is not a prerequisite to its enforceability. The exception to that general rule is found within the Statute of Frauds. The Statute of Frauds is a collective term describing the various statutory provisions which render unenforceable certain types of contracts unless they are evidenced by a writing. The Statute of Frauds does not mean that oral agreements within the scope of the Statute cannot be made and performed or that they are illegal. It merely means that enforcement may be unavailable if one of the parties refuses to fulfill their obligations.

The Statute of Frauds is different in most every State, so it was imperative to know her State name. But, because of our writer's continual failures, she not only lost her "fee", but she also loses in being able to obtain assistance from this site, that could possibly have (but not likely) been able to help her to get her fee in a court of law, but for her failure to give us her State name.

IAAL

<HR></BLOCKQUOTE>