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Breech of Contract

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JBH9457

Junior Member
New Jersey

I am a business broker who had an Exclusive Nine Month Listing with a business seller which entitled my company to a 42,000 commission upon the following:

A sale, a future sale with a party I brought forward, or the SELLER unilaterally cancelling the listing agreement. In any of these instances the total amount plus recovery fees would be due immediately. This was all spelled out in the listing agreement.

SELLER unilaterally cancelled the agreement and even after my attempt to salvage the agreement and also after notifying him that he could not as per terms specified in the contract, he remained defiant. In fact was quite belligerent.

I had contacted an attorney who agreed that this was an easy "slam dunk" and he immediately sent out a letter. He advised me that the best option would be to settle instead of dragging it out. I agreed.

Well, after a few months and several attempts to settle the matter unsuccessfully it appears my once great lawyer has been employing an extremely lax approach for the past several weeks.

Does not return calls, does not send out anything on behalf, and more less seems disinterested in the case. In fact, he is the one that is now belligerent and treats me as though I am the guilty party. This is quite evident when I question him as to some kind of progress report.

When I last contacted him, I asked how we were making out and he stated that he hasn't sent out anything or done anything. Two weeks ago he stated to me that he was going to send out his "final" letter before litigation.

Obviously he didn't and when questioned his response was "if you don't hear from me by tomorrow, perhaps you should find another lawyer" and hung up on me.

It should be pointed out that I am the most passive and easy going client any lawyer could hope for. I could only assume the this his intention was to exhaust all settlement efforts to make a quick buck and when such was not apparent... I have the utmost respect for the legal profession; however I DO believe that this particular one forgets that he is there to help the situation.

I only wish that he put as much effort into my case as he did talking down to me and ignoring my very few phone calls.

With all of that said I have wasted time with this attorney and need to pursue this matter.

Anyone care to share their thoughts?What is the name of your state (only U.S. law)?
 



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