Our company had an exclusive listing and signed contract to sell a house. The seller sold the property to another buyer while we were in contract. We would like to sue for our commission owed and other appropriate damages. Is this possible, and can we recover attorneys fees?
2 Answers from Attorneys
Assuming you are a licensed real estate broker in New York, generally speaking, you can recover a commission under the circumstances you described. The issue of attorney fees depends on the contract you have signed with the home owner.
Often times, just retaining an attorney and sending a stern demand letter convinces potential defendants to settle without having to go through litigation. Please contact me directly offline to further discuss this.
Roman R. Fichman, Esq.
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You may be able to recover premised on the terms of your contract. Recovery of attorneys' fees is a long shot but should be part of your narrative regardless.