[WSBARP] Agent commission

[Jennifer Y. Sohn]

Thanks for all your help!

 

We have the section you mentioned in Form 21 checked, but the seller kept Form 42 too. There are a lot of emails back and forth between the agent and the seller, and I think we should be able to get over the statute of frauds. If that does not work, we will rely on other equitable reliefs.

 

Thanks again.

 

Jennifer

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Williams
Sent: Tuesday, February 10, 2015 3:57 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Agent commission

 

The broker is going to bump up against the Statute of Frauds RCW 19.36.010(5).

 

Bishop v. Hansen, 19 P.3d 448, 105 Wn.App. 116 (Wash.App. Div. 1 2001)

The fraud sought to be prevented by RCW 19.36.010(5) "relates to disputes as to the amount of commission or compensation, the term of the listing agreement, if exclusive or nonexclusive, and most important, if any agreement existed at all." House v. Erwin, 83 Wash.2d 898, 904, 524 P.2d 911 (1974). Essential to any writing meeting the terms of the statute as it relates to real estate brokerage agreements is a description of "the parties, the employment, the description of the real estate and the agreement to pay the commission ". Cushing v. Monarch Timber, 75 Wash. 678, 685, 135 P. 660 (1913) (emphasis added

 

I don’t see any requirement that the necessary writing is limited to the listing agreement. Does the broker have any writings (email, memos, notes, etc) from seller, that taken together could satisfy the statute. Paragraph 16, Page 1 of Form 21 may be of assistance. Does the broker have a signed copy of Form 42 as it may also help?

 

David 

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rick Hoss
Sent: Tuesday, February 10, 2015 3:05 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Agent commission

 

Unjust enrichment does work in the right circumstances – lots of reported decisions.

What about Quantum meruit? Elements are: benefit furnished; benefit received and enjoyed by another; circumstances such that the recipient must have reasonably expected that she would have to pay.

Try Hensel Phelps Const. v. King Co. 57 Wn App 170 (1990).

I’ve not seen this theory in this context but it might work. 

 

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Y. Sohn
Sent: Tuesday, February 10, 2015 2:31 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Agent commission

 

Yes, but the P&S Agreement refers to the listing agreement. In your experience, have the unjust enrichment line of arguments worked?

 

Thanks,

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jonathan Blado
Sent: Tuesday, February 10, 2015 12:30 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Agent commission

 

There is typically a reference to  paying commission in the sale and purchase agreement.

 

 

Sent from my T-Mobile 4G LTE Device



-------- Original message --------
From: "Jennifer Y. Sohn" <jennifer at sohn-law.com <mailto:jennifer at sohn-law.com> > 
Date:02/10/2015 10:40 AM (GMT-08:00) 
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> > 
Cc: 
Subject: [WSBARP] Agent commission 

Hi, I know someone had brought up a related topic before… A real estate agent listed a property and got it under To se contract. His transaction coordinator was in charge of getting the listing agreement signed but got injured and it fell through the cracks (and it was never signed). During the inspection period, the agent paid for some of the repairs to make the deal work. The closing is scheduled to happen in several days. The seller had been asked to sign the listing agreement but is refusing. Does the agent in this type of case have any recourse? The RCW says there needs to be an written agreement about the commission, but in this case, the agent did all the work and the seller reaps the benefits of his services in selling the house. Any insights would be appreciated.

 

Thanks,

 

Jennifer Sohn

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