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What is the process?

CaliforniaLawsuitPayment Disputes

I'm a real estate agent I was representing the sellers in escrow schedule to close for September 29th. Couple days prior to close of escrow that sellers called me and said that you they din't want to sell. Can I sue them for the full commission; how does it work and how much it will cost?

1 reply

Oct 5, 2017
This likely depends on your particular contract with the sellers. Generally, this type of suit would be for a breach of the contract, and in order to recover you would need to show that there was a valid contract, you're licensed to do the work performed (to the extent necessary), you performed the terms of your contract (it may be that your commission was earned when there is a valid sales agreement signed by both parties and everything had 'checked out' and ready to go - and was just to be paid at closing), and that the seller is refusing to pay what you have earned (if anything).

What it costs is dependent on the attorney you hire. If you find an attorney willing to take the case on a contingent basis, your up-front costs would be limited to court costs / filing fees (which may be paid by the attorney to be reimbursed later) and the attorney would be paid a percentage of any ultimate recovery - generally 30% or so. If you hire an attorney to work the case on an hourly basis it will depend on the attorney's hourly rate and the time spent.
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