Seller, real estate agent at odds over commission
Q. I am in a big fight with my former real estate agent. I had my property listed with her for about six months last year. I received no offers. I took the house off the market in December and told her I no longer required her services.
A short time later, a couple that saw the house while it was listed contacted me. We quickly came to a sales agreement. Their attorney prepared a contract that I signed and we closed a few weeks ago.
My former real estate agent has contacted me claiming I owe her a commission. She claims that under the terms of the listing agreement, the commission is due because the buyers originally saw the house while it was listed. I spoke to my buyers and they tell me they were just looking when they first saw the house and didn't become serious about buying until shortly before they made their offer.
Do you think I owe her a commission and what will happen if I refuse to pay her?
A. I cannot answer whether or not a commission is due without reviewing your listing agreement. I can tell you a common provision in listing agreements is that if the property is sold to anyone within a specific period of time after termination of the listing contract, and the buyer originally came in contact with the property during the listing period, a commission is owed.
I would suggest having an attorney review your listing agreement to determine the strength of the real estate agent's claim. As for what may occur if you don't pay her, her options would be to walk away or file a lawsuit against you. I would imagine that decision would depend on the amount of the potential commission. If we're talking about a $2 million property, it's likely you will find yourself in court. If it's a $60,000 condo, maybe not.
Q. My dad had two children, me and a daughter with his second wife. My half-sister doesn't live far from me and we speak occasionally. She has no husband or children or other brothers or sisters; however, her mother is still alive.
She (my half-sister) is very ill and is not expected to live much longer. I am curious if I have any rights in her estate. She has owned her house for many years and I'm pretty sure the house is paid off. I have had numerous medical issues over the past few years and could really use a few bucks to pay some bills.
A. Presuming the property is in Illinois, section 2-1 of the Illinois Probate Act may apply. This section provides that half-brothers/half-sisters inherit as if they were full brothers or sisters. This section is only relevant, however, if your sister does not have a will or trust or has not otherwise made provisions for the property. If the property is owned in joint tenancy by your sister and her mom, for example, the property will pass to her mom upon sister's death. If she leaves the property to charity in her will or in a trust agreement, that bequest will prevail.
• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tom@thomasresnicklaw.com or call (847) 359-8983.