There are unanswered questions...Did the buyer buy a home you showed them? Was this a listed property? Did they go directly to the seller or listing agent? Or did they hire another buyers agent?
The bottom line is that only your broker can choose to sue or not sue for commissions or damages. I would talk with your broker so that your broker can make the decision to fight for your commission or not fight. Your broker also have to agree with you placing a mechanics lien on the property. Most brokers do not like to sue consumers; however, some brokers will if there is blatant disrespect for the contract. I will tell you that it is time consuming to sue a client that even when you win in the end you do not win because of the time and energy it stole.
You may be able to simply send a letter of intent to sue which can open up communications for a possible settlement.
Best of Luck!
Did you asked them why they didn't use you? Make this a learning experience for you.
I wish you the best!
THIS WILL STOP AGENT ROTATION WITH YOUR CLIENT.
I am still a "rookie" -- hence the title of my book -- and I have never had an unpaid sale.
I had an unpaid rental once that I pursued -- and the client who stiffed me never believed that he should have had to pay me. I never got paid.
Pursuing the payment wrecked my relationship with the person who had referred that client, who had previously been a good referrer.
That said, I was so angry about not getting paid that it didn't occur to me that I had any other choice BUT to pursue it -- this client had stolen my time, which is worth money, and I didn't want to be a doormat, you know?
So I would, as other posters advise, sit down with your sponsoring broker. Outline the situation, and try to figure out what the consequences are of pursuing this (it will take a lot of time and energy to collect a judgment) vs. the consequences of not pursuing this (you don't want your firm to have a rep of a firm that can be stiffed on payment).
I might also possibly consult with the local real estate board, because you pay your dues to get some advice and counsel in situations like this.
However it works out, try to compartmentalize and remember that this is one transaction out of many -- the fact that you have run into an unethical client who is treating you badly is one of the worst hassles of business, but it doesn't reflect on you.
author, "Diary of a Real Estate Rookie"
I understand from some other agents(in the past) you can take them to small claims court; however I believe if your license is hung w/an office or broker, you will have to follow what they tell you..
Bottom line: the Buyer is obligated to pay you the commission you outlined in your written agreement.
However, it is not likely that you will ever be able to enforce that legality.
Your only defense for your commission is to impress on the buyers the value you bring to the transaction and be very selective about what buyers deserve your time. You might still get burned (it has happened to me once in 3 decades) - but getting a buyer's clarity about your value is the only thing you can do. Beyond that, you suffer the consequences with buyers that do not honor your value.
We can not force buyers to do business with us. We can compel our fellow Realtors to not take advantage of us. If there is a commission dispute and if your Broker thinks the two of you deserve it go to the Board.
Since this question I certainly hope every one is dealing with a Realtor and not just an agent.
We are not Attorneys as We all keep saying.
But as far as I am concerned one reason I still live in Texas is that I can not sign away my rights.
No one can force me as a the consumer.
The Attorneys are reluctant because enforceable is the question.
I am in Massachusettsa and not familiar with Texas laws, I could not give you much of a advice.But hang in there, do what you feel is right, if you spent hours dragging them arround to see every property in their price range, and it will be worth your time and effort, than fight for your compensation. Nothing is for free.
If it already closed... file a mechanic's lien.