Expert: Dick Dennis - 7/17/2008

Question
Hi, My husband and I are about to close on a house that we have had built. In a moment of 'what were you thinking' my husband offered the realtor on the sale of our old place to be 'in' on this deal. During the almost year that has passed since she has not been involved in one second's worth of work to do with this build. Prior to our signing the deal, she did see the contract, but that is it.

Now I find out that because of that miniscule comment, she is set to receive more than $16,000 in commissions. We found the builder on our own, negotiated everything, dealt with every issue. She has not even called since being informed that we're about to close.

I think it is unethical for her and her company to actually expect to be paid a commission for something they were not involved in. Can we get out of it? We have never had a buyers agreement with her for this house. The only mention of her being involved is on the Construction contract that we signed with the builder - she did not sign this agreement, either. We are building in Oklahoma.

Any advice you can provide would be appreciated! Thanks, Kathy

Answer
Forget it, Kathy. It's even in the law books, even Oklahoma's: In real estate, if it is not in writing, it was never said.

So, you can tell your agent that because you did not sign anything with her, you have changed your mind, and the company who is handling the purchase of your house-being-built that the real estate agent is not to be paid anything. I guarantee you that she will not take you to court. I am surprised that she did not bring you an agreement for you to sign after your husband had that mind cramp. If it will halp you, you can talk with a real estate attorney. He/she will tell you the same thing. I wish you well.

Dick Dennis     dixiedee13@aol.com