Expert: Tami Coleman-Maro - 3/29/2007

Question
I AM A COMMISSION AGENT/BROKER I HAVE BEEN DEALING WITH A COMPLICATED
DEAL LIKE THIS ONE PLEASE HELP ME FIND OUT MY RIGHTS.
1 I  was introduced to PURCHASER 1 By FRIEND who brought him to my
office concerning this deal. Then a gain I was introduced to second party
PURCHASER 2 who is also part of the purchasers of the above said plot
AND WHOM SOMEHOW RELATED TO PURCHASER 1. I collect all the necessary
details from the buyers for the arrangement of the commitment agreement
e.g. Id, Passport No. Addresses.

2.We have agreed upon completion of this I was suppose to be given a
commission of 5% of the value of the property which is 3.5Million my
commission could come to an average of Kshs. 175,000/= as the vendor
agreed to sign my commission form after guaranteed of the buyers commitment,
Once he received a copy of the commitment agreement then he started
avoiding me because he knows he was suppose to sign for my commission form
which were already at his possession by then.

3.However, I spent my money to do the agreement and made them signed
and sealed by a lawyer, on paragraph 5 of these agreement it states that
incase failure to purchase the said property then that will be breach
of contract and liable to pay 10% of the value of the property as the
VENDOR agreed to accept the commitment letter that first payment will be
made on the 20th April 2006.

4.Once the agreement being accepted and signed by the Vendor, Later I
sent copies to all parties one by post and other delivered by hand as
the vendor and purchaser 1 are in Town, I try to explain to Purchaser 1
that I have sent a copy to Purchaser 2 by post as she was living in
United Kingdom, Purchaser 1 got angry for the reason of sending a copy of
the commitment agreement to purchaser 2, then PURCHASER 1 decided that I
should not be involve as a broker/commission agent verbally and decided
to cancel this agreement verbally (NOT IN WRITING) and that they could
finish this deal on there own, this is all to avoid to give me what I
have worked for then both secretly decided 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.

5.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.

NOW BOTH PARTIES DO NOT WANT TO RECOGNIZE THE AGREEMENT AND ME AS THERE
MIDDLE MAN WHOM I HAVE LEAD AND SEALED THIS DEAL BETWEEN BOTH PARTIES.
THEY HAVE ALREADY SEAL THE DEAL. DO I HAVE GROUNDS FOR CLAIMING MY
COMMISSION OR TAKING ANY LEGAL ACTION AGAINST BOTH PARTIES?


Answer
Let me first start by saying that I am not an lawyer and basically got booted off another answering subject because I gave advice (that was correct by the way.)  They wouldn't even answer me when they gave me the boot - so anyway here I go.
You are most certainly due a commission and if you have all your paperwork (which it sounds like you do) you need to get an attorney that will handle the case  - no charge if you lose and fees if you win.  I have the same sort of case going on and I've been fighting it for over a year, but we go to court on April 9th.  My property was 1.1 million and everyting is in my favor.  

Don't give up and fight for your rights as a agent/broker.  By the way, don't use the attorney that was privy to the deal (he may have not known of the deal, but if he was provided the paperwork, he should have been or something funny is going on).  Don't get mad - get even.  It's principal.

Tami