http://www.dos.state.ny.us/cnsl/rebcommdue.html

The above link is to the New York Dept of State's Legal Memorandum (LI10) entitled, "Defining When A Real Estate Broker's Commission Is Due."

Being a Realtor, I have a keen pecuniary interest in learning what the Counsel's Office has to say on the matter because I work very hard for a living. This market is a tough one. There are so many variables that can make a transaction falter that one may find oneself wondering what some of the issues are, pro or con, to help ensure if a Realtor earns his or her pay that they are actually paid for the services rendered. 

Besides being an excellent source of information, there was one line there that caught my attention and inspired me to post this link on my blog (and encourage all to read what the Department of State has published regarding the subject matter). It would be nice if they would update their digital letter as the court cases are oldies but goodies. I myself would like a more modern incident of litigation to explain where we all stand on the subject at hand. However, the cases quoted are eye openers and will not bore anyone who bothers to take a moment to read what was written.

To quote part of a sentence near the very end of the memo: "...there is an implied covenant of good faith and fair dealing which requires each party to the contract to use their best efforts in performing their obligations and to not intentionally do anything to thwart the other party from performing."

Hmm... have any of you ever felt thwarted? I mean ANYONE. I know I have. I've met some very difficult people in every aspect of the profession inclusive of Buyer, Seller, Broker, Lender, Loss Mitigation Specialist, Irate Family Member, Tenant From Hell... Believe me when I say my list is long (and as of this writing I haven't even been at this profession for a year). I want to hear from everybody who has ever been frustrated trying to buy or sell a home.

 

 
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10 Comments on Broker Exam: Legal Memorandum LI-10 (When is a commission due?)

I am not going to give you a long and drawn out answer.  Go with your gut while staying within the legal guidelines.  You are working soooooo hard.

06/18/2008 08:07 PM by Melody Botting RE/MAX Empire Realty


 

Very well written and I wish you the best in your future with this exciting profession.

06/18/2008 08:17 PM by Karen Moorhead Ann Arbor Area Real Estate (Keller Williams Realty)


Thank you Karen for your kind words and taking the time to comment on my blog.

06/18/2008 08:18 PM by C Tann-Starr (TannStarr.com TannStarr.ws REMAX People Realty)


C Tann - Putting deals together in this Real Estate environment gets tougher all the time. I can't remember the last time I had an easy deal. So many personalities involved in Real Estate that often times they can clash.

06/18/2008 08:38 PM by Bill Gassett Metrowest Massachusetts Real Estate (RE/MAX Executive Realty)


Hey Bill -- that is so true. Sometimes it makes my life very interesting, but other times... hmm...

06/18/2008 08:57 PM by C Tann-Starr (TannStarr.com TannStarr.ws REMAX People Realty)


Hi C ... Have I ever felt thwarted?  You bet!  A seller who would not come down in price even though we had not one showing in 6 months!  A buyer's agent who treated the inspection results as a to-do check list before we could close.  An owner who forgot to refill the oil tank, and it ran out of fuel the morning of the walk thru and the closing.  These are the ones that come to mind ... and I do not wish to turn this into a post. :)

06/19/2008 11:10 AM by Marie Meyer (Light Realty LLC, Goshen, NY)


Hello C, cheer, thanks for droping by at my blog perhaps learn more about your work. Thanks.

06/21/2008 03:52 AM by Sheik


Good Morning Sr. Sheik and thank you for taking the time to stop by and say hello. Enjoy your day! Regards, C.

06/21/2008 06:20 AM by C Tann-Starr (TannStarr.com TannStarr.ws REMAX People Realty)


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Real Estate Agent: C Tann-Starr (TannStarr.com   TannStarr.ws  REMAX People Realty)
C Tann-Starr
Flushing, NY
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