Ask Elliott 49: Customer Lists with 2 Brokers

Elliott will answer any questions that you may have about the laws, rules or code of ethics. He never will divulge specifics of your name or company. Some questions will be posted here. Email your questions to askelliott@caplanschool.com.

If a customer cheats (he has a listing with 2 realtors), the listing sells to a buyer represented by another agent, refuses to pay the listing commission to me, we sue in Court and we win. Can the agency legally take out the outside counsel legal fees from the commission before it splits it.

I read the employment agreement, and it clearly states that marketing expenses and other expenses are paid from the commission. I understand that, but there isn’t any mention of legal fees. What are your thoughts on this subject?

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