I just cancelled a contract to purchase. When I received the "cancel" I saw that my agent had added the commission plus and extra $500.?

Asked by Kenneth Sturmer, Bayonet Point, FL Thu May 16, 2013

Can She? Had to cancel, due to personal reasons. Agent is charging the full commission plus $500 extra for her services. I had to sign, for her to submit the cancellation to the seller. I feel like I've been duped.

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Susan J Penn,…, Agent, Weston, FL
Thu May 16, 2013
Did you read your contract ahead of time? Were you explained what happens if you cancel your contract? Did you speak to legal representation first ? The agent is more than likely just following the guidelines of the contract.

Susan Penn, PA, SFR, CDPE http://about.me/HomesForSale_SusanJPennPA
EWM Realtors® | A HomeServices of America Company | An Affiliate of Berkshire Hathaway
2000 Main Street, Suite 103 | Weston, FL 33326
T: 954.306.7337 | C: 954.557.5993 | F: 954.515.0200 | penn.s@ewm.com | http://www.ewm.com
0 votes
Angela Schra…, Agent, Pembroke Pines, FL
Thu May 16, 2013
Hi Kenneth: I'm going to chime in to agree with several of my professional colleagues. The answer to your question is in the contract that you signed, or in the offer that you submitted to the sellers. When you signed those documents, you entered in to a contract. We use that word as if it's something complicated and legal, but a contract is simply an exchange of promises. You say that you're going to do A, B and C, and the other party says that they promise to do D, E and F. Typically, a contract includes specific instructions as to what will happen if you or the other party don't keep your promises. We call those the "default provisions".

If one or more of the contracts you signed said "I will pay the commission plus $500 in the event that I cancel this deal", then the Realtor has the right to hold you to that promise. If the contract is silent about what would happen if you broke a promise, or the contract says something other than "$500 plus commission", then that's not a legitimate penalty from breaking the contract. No one can tell you what the agreed upon penalty was unless they see the language of the contract.

Read both the offer and any side agreement you had with your Realtor carefully, and look for the explicit default provisions. They'll tell you what the consequence was of breaking the agreement. If you feel that she is asking for something that was not covered by these agreements, by all means, you should ask her to defend her demands.

Hope that helps! Best of luck,

Villa G Realty, Inc.
Tel: 954-816-7996
Web Reference:  http://www.villagrealty.com
0 votes
Nadine Mauro, Agent, Lake Worth, FL
Thu May 16, 2013
Hi Kenneth,

Sorry to hear you had to cancel. I hope all is going better with you now.

You need to read your contract carefully, and contact a good real estate attorney.

Every contract is different, and special clauses can be added. If they are not fully understood they may say that the agent/agents can keep the commission plus fees.

I hope you find a lawyer who will give you advice, and hopefully get your money back for you.

Nadine Mauro
Highlight Realty
0 votes
Kate Stout, Agent, Fort Lauderdale, FL
Thu May 16, 2013
Hi Kenneth,

I'm so sorry to hear about what you are going through. At what point did you cancel and were you within your legal rights to cancel without penalty? Did you sign any sort of buyer/broker agreement that entitled the agent to compensation if the contract was canceled? With this information, I would be better equipped to answer your question.

Have a great day!

Kate Stout

Castelli Fort Lauderdale Real Estate
3908 N. Ocean Blvd.
Fort Lauderdale, FL 33308
0 votes
Antonio Vega…, Agent, Saint Cloud, FL
Thu May 16, 2013
Read your contract carefully. Buyer's agency is traditionally a free service. Did you sign a buyer's agreement with her? If you did not I would contact her broker right away and ask to be explained the situation, hopefully there is a positive resolution. Was this answer helpful? If so please click on the "green thumbs up" or the "best answer".

Tony Vega
Antonelli Realty
0 votes
Thank you! I figured that here in Florida it would be legal. Anywhere else it would not!
Flag Thu May 16, 2013
Thank you! I figured that here in Florida it would be legal. Anywhere else it would not!
Flag Thu May 16, 2013
Thank you! I figured that here in Florida it would be legal. Anywhere else it would not!
Flag Thu May 16, 2013
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