Legal Question in Business Law in California

An agreement was made to provide a 30% referral fee to a trustee (although paid to a real estate company) in a listing agreement for a property of the trustee�s principals. The agreement expired after six months. The referral fee was requested and agreed to because the trustee was supposed to act as a go between and facilitate the transaction. This trustee was fired from his position, and the agreement expired. The agent in our office called the Seller�s directly and created a completely new listing agreement without the referral fee to the trustee since the trustee would no longer be involved and would be of no assistance with the property since the Seller�s refused to talk to him.
The trustee is now demanding that he be paid his referral fee and is threatening filing a lis pendens on the property. Here are my questions:
1. Is there a violation for him to have solicited a referral fee when he was the trustee?
2. Because his agreement expired, and a completely new agreement drafted a week or two after the expiration, would that relieve our company from having to pay him?
3. Are there any counter claims to use against him if he does file a lis pendens (tortuous interference of contract, misuse/abuse of system, etc)?

Asked on 3/05/13, 11:05 am

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Yes to all.

Answered on 3/05/13, 12:38 pm

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