At Closing No Money Left For Realtor's Commission

[381966]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? NEW YORK.

I AM A REALTOR AND RECENTLY SOLD A TOWNHOUSE IN NEW YORK. EVERYONE INCLUDING THE ATTORNEY FOR THE BUYER AND THE SELLER WAS PAID THEIR FEE. A MECHANIC'S LIEN WAS PAID FOR BEFORE THE CLOSING BY A CHECK DIRECTLY FROM THE SELLER TO THE PLUMBER FOR REPAIRS.
THE TOWNHOUSE HAD 3 MORTGAGES, AND 3 YEARS IN BACK TAXES, AND AFTER THESE WERE PAID, THERE WAS NO MONEY LEFT FOR THE EXCLUSIVE LISTING AGENT AND BROKER HE WORKED FOR.

WHAT IS OUR LEGAL RECOURSE AND SINCE THE SELLER MOVED OUT OF STATE, DOES THIS MAKE IT HARDER TO COLLECT A JUDGEMENT???

PLEASE HELP.
FRUSTRATED REALTOR IN NEW YORK
DAVE

 

[seniorjudge]

Dave, turn off your caps lock and tell us how much we are talking about.

 

[381966]

we are talking about 8700 commission less the 1000 binder at the time buyer made offer....so 7700 dollars is what we are due.

thanks
dave

 

[seniorjudge]

we are talking about 8700 commission less the 1000 binder at the time buyer made offer....so 7700 dollars is what we are due.

thanks
dave

You can sue them where it happened, but if they have no assets in your jurisdiction, you will probably not collect anything on the judgment. If you got a judgment and wanted to register it in the county where they are living now, you may have to wait awhile, but it could certainly put a lien on their real estate.

(You really need legal advice from a lawyer in the state where they live about registering a foreign judgment and perfecting a lien on real estate.)

I am not a real estate agent, but when you got the title report back, you should've started counting pennies when you saw all that stuff that was against the place.

"...A MECHANIC'S LIEN WAS PAID FOR BEFORE THE CLOSING BY A CHECK DIRECTLY FROM THE SELLER TO THE PLUMBER FOR REPAIRS...."

Did the sellers get anything out of this deal? The ML, if paid directly, did not come out of closing. Were you at the closing?

 

[381966]

i was at the closing with my broker. we walked away with nothing...no commission....we had a lawyer before the closing place a lis pendens on the property. i guess that means it is entered into the records.???? not sure exactly what that means to be honest with you...(i am not legally savy).

i am just very dissappointed and don't know if we will ever collect. the only good thing is that the seller, is in process of buying home in another state, and hope that will help our case.

thanks for your advice....