California  |  Business Law

Legal Question

Asked on: 7/26/13, 12:57 pm

I am a CA licensed Broker and entered into a written contract with a borrower who was seeking to refinance his office building whose loan rate was scheduled to adjust. I ran his loan scenario by countless lenders and because his scores were under the minimum requirements, I performed credit repair which increased his scores to acceptable levels. After a year of hard work and a file folder 10 inches thick, I located a lender who approved his loan with terms acceptable to him. I submitted my Broker Demand for compensation to Escrow and thereafter the loan documents were emailed to Escrow. I received a call from the borrower and he said "I ain't paying you sh--. You didn't do anything." After calmly explaining to him all of the hard work that I had expended, I reminded him that we have a binding contract. He said he wouldn't pay and then hung up. Escrow also refuses to honor the terms of my Broker Demand and Contract. Escrow management assured me that the transaction would not proceed until my fee is resolved. I called the borrower to request a resolution and he said that he would need to speak to his wife. The next day he and his wife called me from Escrow and reiterated that they would not pay me because they said I didn't do anything. The lender who I used emailed me and told the borrower's that I had submitted a complete file and but for my services, they would not have approved the loan or even had received it. The lender said I was entitled to my compensation. They do not want to deal in good faith and I would like to know my rights and remedies. Can I sue for Breach of Contract, Unfair Dealing and Unjust Enrichment etc? His wife said that unless I pull my Broker Demand she would consult legal and sue for damages. Once again they will be losing out because I locked in an interest rate 2% lower than their current adjusted rate so they will be the big losers if they don't amicably resolve my compensation in good faith. What are your thoughts and suggestions?

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