• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

is this breach of contract

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mbujra

Junior Member
I AM A COMMISSION AGENT/BROKER I HAVE BEEN DEALING WITH SELLING OF PROPERTIES AND THIS IS MY FIRST COMPLICATED DEAL LIKE THIS ONE PLEASE HELP!

THE purchaser 1, Came to my office on late December 2005 for finding him the owner of this property, Then next step is to find out if the owner is interested to sell his property, Luckily the owner was looking for a buyer too but the offer he got was 2.7MILLION, I managed to get him a better offer 3.5Million for his property plot measuring 0.2000 Hectares WITH TWO (2) UNFINISHED HOUSES.

I was introduced to the PURCHASER 1 By FREIND who brought him to my office concerning this deal.
Then a gain I was introduced to second party PURCHASER 2 (Foreigner) who is also part of the purchasers of the above said plot AND WHOM SOMEHOW RELATED TO PURCHASER 1.

We have agreed verbally upon completion of this I was supposed to be given a commission of 5% of the value of the property. My commission could come as an average of
Kshs. 175,000/= we agreed but verbally. Who I have collected all the necessary details for the agreement E.g. Id No., Passport No. Address and all the things required for the agreement.

However, I spent my money to do the commitment agreement and made them signed by a lawyer, so as the VENDOR agreed to accept the commitment letter that first payment will be made on the 20th April 2006.On these agreement I did not mention the verbal agreement between me and the Buyers or the Vendor.

Once the agreement being accepted and signed by the Vendor, then PURCHASER 1 decided that I should not be involve as a broker/commission agent that he could finish this deal on there own, so that both decide to go to a lawyer and do the transfer and ignoring our commitment agreement which is dully signed by both parties including my self and sealed by a lawyer.

I have tried to call the lawyer who is currently doing the transfer and I explained to him that I am the agent/broker, who leads this deal to both parties that I should be entitle to a commission, The lawyer said he was never informed of such agreement.

NOW BOTH PARTIES DO NOT WANT TO RECOGNIZE THE AGREEMENT, OR ME AND THEY HAVE ALREADY SEAL THE DEAL with a different Lawyer.

DO I HAVE GROUNDS FOR CLAIMING MY COMMISSION OR TAKING ANY LEGAL ACTION AGAINST BOTH PARTIES?[/FONT][/FONT]
 


Dandy Don

Senior Member
Are you licensed to do business as a broker in your state?

Why oh why can't you understand that doing business by a VERBAL AGREEMENT is unsound and was your fatal mistake here? You needed something in writing to prove that an agreement was done. What a costly way to learn your lesson!!

Are there any witnesses or any other documents that can prove without a doubt that you were involved in these transactions?

DANDY DON IN OKLAHOMA ([email protected])
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top