You might find funny.....

[Paul W. Abernathy]

Ok....just so you can see what I am referring too . The attached is the basis for their claim. Read it clear......and understand I did not accept any of the OFFERS presented....in fact only one was presented while under contract. I did not extend his listing agreement and 60 days after the termination of his agreement I was called and negotiated a sale with the buyer...on my own.

The buyers offer was $220,000 and we countered with $250,000 and the deal died.......his agreement ended and 60 days expired. The buyer calls me out of the blue and says " are you still wanting to sell the kennel" and I said we do. He persisted to say he could only afford $220,000 to which i said we had nothing to talk about......then I said look....I need to sell this place so I will meet you half wayi...you come up $15,000.00 and I will come down $15,000.00 and I will sell......he agreed and we sold it...thats it.

In my opinion.....the offer was not accepted.....the counter offer was not accepted....during the contract period or after the contract period...neither of the offers were accepted. The agreement ended, I was determined to sit on the land for another year then out of no where I got the call.....I deceived no one.....just happened how it happened...I had to pay a lawyer to handle the sale and I drew up the sales agreement.....what did my "agent" do....? Bring the guy to the table....hell he could not close the deal and waited until he had 3 days on his agreement left to even draft a counter offer....only to be not accepted.....

yeah...I am gonna see what a judge says...sorry........I don't give in that easy

[mwolff]

They 'forgot' to fill in the blank on how many days past the contract end date . Looks like they have forever. BS. Any I have ever been in were 30 to 45 days. I'm sure your lawyer will check around that area for an average time that most give. Forever will not be one of them.
I want something for nothing to, but so far, I've had to work for it. Dang slug of a realtor.

[Stephen W. Stanczyk]

Remember, this open ended extension is ONLY for clients that were brought to the seller during the listing period. That "buyer" belongs to the broker. Sorry guys, they are entitled to the commission based on the language posted.

[Paul W. Abernathy]

Originally Posted by sstanczyk

Remember, this open ended extension is ONLY for clients that were brought to the seller during the listing period. That "buyer" belongs to the broker. Sorry guys, they are entitled to the commission based on the language posted.

I disagree...and I don't see an ESQ behind your name fella...so I will see what the judge thinks about it. Do you really think I will just pay and walk away...hell man....You know me better than that.

[Michael Roberson]

I hope this works out well for you, Paul
According to what I have heard, all agent agreements in Michigan(and Michigan law) require no deal to be agreed upon for 6 months without an agents commission being fulfilled. Kinda sucks when you want to fire your agent, or go FSBO.

[Paul W. Abernathy]

lol...well if it said that then I would have no problem with it. It does not say that however. In fact, I am reading more and more and found that the original offer ( alledged) offer was $220,000.00 but I never saw this offer..it was not presented to me in written form which is required by Virginia Real Estate Law. So the agent knew he had nothing...told me he had an offer...and 3 days before his contract expired had me write a offer back to the SO CALLED offer for $ 250,000.00. How do I know the original $220,000.00 offer existed....I don't have any offer in written form.

Also the agent knew his contract was ending in 3 days so he calls me ( while I am at work in Northern Virginia ) and says that he is e-mailing me a counter offer for $250,000.00 from me to the person who offered $220,000.00....My stance is there was no offer and that my agent attempted to pander me into an agreement that he knew did not exist.

We will see what the judge has to say......lol

[Paul W. Abernathy]

This could have cost me so much more.....BUT it is not about the money now...if I loose I will just help reduce my capital gains amounts....either way I need to see this through since I know how much of a SNAKE this agent is.....

[Stephen W. Stanczyk]

Originally Posted by pabernathy

I disagree...and I don't see an ESQ behind your name fella...so I will see what the judge thinks about it. Do you really think I will just pay and walk away...hell man....You know me better than that.

Nope. No ESQ. But I do have 6 years handling arbitrations as an advocate and a 100% on my real estate license test from years ago. Seen these before. Good luck.

[Paul W. Abernathy]

probably right....but it's worth my dime to find out.

[agallatin]

Originally Posted by pabernathy

probably right....but it's worth my dime to find out.

Maybe you can change the trend Paul ! Good luck on this !!!

[Paul W. Abernathy]

Hello Everyone...

Guess who won round 1 of my real estate case? Sorry Steve but it was ME! I am now getting ready for the appeal they will bring I am sure. I am ready and the facts remain the same.......wish me luck!

[Jeffrey R. Jonas]

Luck!

[Paul W. Abernathy]

Ok...I agree.......no luck........Facts are in my favor and status the accepted bully practice by Real Estate Agents must end. Luck plays no role in the facts....good call

[Dale Duffy]

Originally Posted by pabernathy

Hello Everyone...

Guess who won round 1 of my real estate case? Sorry Steve but it was ME! I am now getting ready for the appeal they will bring I am sure. I am ready and the facts remain the same.......wish me luck!

Good to hear Paul....!!

Used Building Salesman Zero....Electric Guru One (won)-----

[Greg Keene, CPI]

Way to go Paul!!! - I HATE victims no matter where the whine.