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Need legal advice on commision

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1 Need legal advice on commision on Wed Dec 23, 2015 11:55 am


Arresto Menor

I am a real estate agent and I would like to seek your help on what action I can take to resolve this issue. I have a friend who has been wanting to buy a house and lot in Taytay, Rizal since 2014. My friend became interested in the property I offered and tried applying for a bank loan. She was however declined due to unpaid credit card history. Another option she took was to apply for a loan with PAGIBIG. I happen to know someone who can assist her, and was able to help her in processing her application but she did not pursue the loan as the approved amount will not suffice for the asking price of the owner.  In October 23, 2015, she got back to me with an SMS saying that she needs my help to look for another property in the same subdivision as she already has the money to pay for it. I showed her three (3) properties one weekend of November and it so happened that the owner of the last property that we visited was her office mate's mother. Since they know each other, my friend told me that she will talk to her office mate and handle the negotiations. I reminded her though not to forget my commission. Prior to this tripping, I was able to speak to the owner and was able to get agreement that she will give me 3% commission if I will be able to sell her mother's property. I made a follow-up with my friend on how the negotiations went and she told me that her office mate agreed to give her the property at 5.3M and that she already made a down payment of 1M, the balance of which she will settle in January. Upon knowing this, I immediately messaged the owner and asked when can I possibly get my commission. The owner then replied that since she already agreed to give a much lower price to my friend, they agreed that she will no longer give a broker's commission. She also said that I should talk to my friend regarding their agreement. I reverted to my friend regarding the seller's reply and all she can say is that I should talk to the seller. My question is, can I still demand my commission from the seller? Is there a case I can file against my friend for damages - efforts I made to assist her in applying for a bank and PAGIBIG loan, gas I used during our tripping, assisting staff of bank to appraise property? Hope you can shed light to my questions. Thanks in advance.

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2 Re: Need legal advice on commision on Wed Dec 23, 2015 2:34 pm


Prision Mayor
Is your agreement with the seller in written form?

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