Unpaid Commission on a real estate deal

[ThomasThBKK]

12 minutes ago, Kay McDonnell said:

Well i just went to my lawyer and he said this is not a difficult case and he believes it will be an easy win.

Thank you for your comments.

I was so stressed as i did not have their forwarding address in Bangkok so i was worried that i could not find them to serve notice, but my lawyer said that is easy through immigration and land department

Guess the long process begins

It usually isn't a long process, litigation cases in 90% of cases end up beeing resolved without the court getting involved. Cases are often clear and the seller will know he stands no chance in court.

 

Serve him a litigation letter via lawyer, that's often enough.

[TheFishman1]

If you are an expert and can negotiate go to the seller if that’s who you represent and talk or the buyer. To ask hear mades me think really an expert real estate agent lol TIT

[alex8912]

4 hours ago, Just Weird said:

As an estate agent, 99% of the time you get your commission with no problems for doing next to nothing but, occasionally, buyers and sellers will, understandably, try to cut you out and complete the deal without your "assistance", it just goes with the territory, suck it up.   

 

Instead of cutting off your nose to spite your face by illegally screwing up the deal at the LTD just forget it and look forward to your next easy commission.

You are so full of it! 

[kensisaket]

If you haven't dealt with lawyers in Thailand before you need to be aware that they will tell you damn near anything to string you along just to make money.  I'm pretty sure you are well aware that money talks in Thailand. The sale/purchase price tells you these people are rich (buyer and seller); and, I am sure well connected. I believe you are correct in your initial assessment that you are in for a long drawn out process.  I would definitely make sure any legal action you take that fees are based on success. You are already out 800k no need to throw more money away.  

[emptypockets]

15 hours ago, Kay McDonnell said:

Well thank you for your answers.  I feel that if a client does not pay commission, it is theft!

If any of you went to work on a job that took you a very long time and you did not get paid, what would you do?

We are talking about 800,000 bht

Why should the owner get paid for his property and the agent who worked hard, not get paid

I feel all real estate agents are in the business of theft. But that's just me.

[emptypockets]

8 hours ago, Kay McDonnell said:

I dont mind to give all the information to the people that are interested.  I am only saying back that i cannot see what the labour department could do?  I am employed by myself as a director of my company

Ask the Thai majority shareholders for advice?

[emptypockets]

6 hours ago, xylophone said:

If the buyer now has the 5 million baht, then could you not approach him and show him the agreement you have, with the monies outstanding and get him to deduct that money owed to you from the 5 million baht which is payable to the previous owner?

 

The other thing is that the current occupier/owner is sure to have the contact address or number of the seller and you may be able to contact him through this medium, and as others have suggested send him a strongly worded letter from a lawyer, looking for full payment or perhaps a settlement of some description.

Why should the buyer have any interest at all? Not his problem.He bought the property from the owner. If the owner hired an agent to assist it has nothing to do with the buyer. If the land office was happy then the sale was legal and finalised. The OP has a problem with the seller.

[emptypockets]

6 hours ago, Kay McDonnell said:

The buyer does not want to get involved with this as he wants his sale to go through.  I understand that so i have to just get on with it in the court, if it gets that far.  I will have to wait until Thursday after the deal is done.  How <deleted> some people can be.

I guess the deleted word is unprofessional. Lift your game.

Too many real estate agents ( worldwide) provide a totally unnecessary service for a ridiculous fee. I avoid them wherever possible.

[emptypockets]

4 hours ago, kensisaket said:

If you haven't dealt with lawyers in Thailand before you need to be aware that they will tell you damn near anything to string you along just to make money.  I'm pretty sure you are well aware that money talks in Thailand. The sale/purchase price tells you these people are rich (buyer and seller); and, I am sure well connected. I believe you are correct in your initial assessment that you are in for a long drawn out process.  I would definitely make sure any legal action you take that fees are based on success. You are already out 800k no need to throw more money away.  

And make sure you are ridiculously 200% squeaky clean. If there is dirt it will be found.

I did learn something though and that is a non Thai can sell stuff.

[rucker4012]

In USA there is a licensed National Association of Realtors, something that does not exist in Thailand. Realtors are tested and licensed. In Thailand I believe I could pass myself off as a realtor, charge any % commission that I can get and not worry about my license. Contracts, commissions and procuring cause figure into the equation. Not here. How do you intend to stop this sale at land dept?

[scorecard]

13 minutes ago, rucker4012 said:

In USA there is a licensed National Association of Realtors, something that does not exist in Thailand. Realtors are tested and licensed. In Thailand I believe I could pass myself off as a realtor, charge any % commission that I can get and not worry about my license. Contracts, commissions and procuring cause figure into the equation. Not here. How do you intend to stop this sale at land dept?

Not relevant to Thailand.

[Kay McDonnell]

I do not need any further advice now thank you.  I have gone the route of the lawyer and see what happens and i will let you know when i know.

[david555]

On 12/15/2019 at 4:44 PM, FritsSikkink said:

You should know, if you are a professional, that you can't do this.

More even , unless changes are made in the law about which work  can be done by non Thais  in real estate , it was always that the rescue bypass was to work as a consultant , just allowed to consult , not writing contracts nor accepting payments etc  ….. just consulting ….

 

Unless that law changed , normally the Thai  boss from the real estate can be doing that , but if no exclusive contract , that commission is  almost  impossible to enforceable 

[david555]

43 minutes ago, Kay McDonnell said:

I do not need any further advice now thank you.  I have gone the route of the lawyer and see what happens and i will let you know when i know.

I am sure the lawyer shall get his lawyers fee from you (maybe upfront already ) , why would he say he can not do …., missing his  fee …..get real !

[BigFun]

1 hour ago, emptypockets said:

I feel all real estate agents are in the business of theft. But that's just me.

You're a real estate agent in the business of theft? 

[david555]

10 hours ago, Kay McDonnell said:

I sold this two years ago and got 50% of my commission then.  The problem came later when the buyer did not have the balance of 5 mtb.  He paid 29 mTB but not the balance.

Between the buyer and seller they agreed that buyer could move in regardless.  this was 18 months ago.  After that the owner sacked me as an agent, after the buyer moved in.

I told him that you cannot just sack a agent after they did the sale.

The buyer now has the 5mtb and the seller is not paying

I was upset with him 18 months ago when the buyer  moved in and he did not pay me the balance then/.

If buyer do private mortgage deals on the property and it could have been 30 years for all i know, and no commission

Big money involved by the seller as well by the buyer ….this  in Thailand.... I would be very.....very worried 

[Paradise Pete]

18 hours ago, Kay McDonnell said:

Well thank you for your answers.  I feel that if a client does not pay commission, it is theft!

If any of you went to work on a job that took you a very long time and you did not get paid, what would you do?

We are talking about 800,000 bht

Why should the owner get paid for his property and the agent who worked hard, not get paid

 

If you're looking for sympathy then how you feel is important. If you're looking for answers to your situation it's better to not cloud things with what you feel.

[FritsSikkink]

21 hours ago, Kay McDonnell said:

The buyer does not want to get involved with this as he wants his sale to go through.  I understand that so i have to just get on with it in the court, if it gets that far.  I will have to wait until Thursday after the deal is done.  How <deleted> some people can be.

You run a business, things don't always like you want. That is the risk of doing business, if you can't deal with that, take a job and get a salary. 

[Just Weird]

20 hours ago, alex8912 said:

You are so full of it! 

Full of what?  Accuracy, logic?

[DLock]

Get your checkbook ready.

 

Somchai the Lawyer will tell you want you want to hear, but when you ask him to do all the legal work for free and you will double his fee on success, see what happens.

 

Your lawyer will send a registered letter if he can find the address. Letter will get ignored. He will send another that will get ignored. He will lodge a court case. It will take a year or so to get to arbitration. Seller will offer you 10% of your fee. You will refuse. The lawyer will set a court date 2 years away. That date will come and the seller will not turn up, which is legal. Your lawyer will set a new court date for 6 months later. The Seller will not turn up again, which is legal. Your lawyer will set a new court date for 6 months later. The Seller will probably turn up and you will have your day in court and if your contact is as iron clad as you think, you may win....then you have to collect the money...

 

Assuming you have a good lawyer, you will be in for 200k - 300k baht by the time you actually get to court.

 

I went this route and it took 8 years. I won, and would do it again, but it saw significantly more than your amount. 

[Kay McDonnell]

I got paid out on this deal finally.  Just the threat of court and a few intimidating manoeuvres sorted it out. 

[chrisandsu]

On 12/15/2019 at 1:08 PM, Kay McDonnell said:

Well thank you for your answers.  I feel that if a client does not pay commission, it is theft!

If any of you went to work on a job that took you a very long time and you did not get paid, what would you do?

We are talking about 800,000 bht

Why should the owner get paid for his property and the agent who worked hard, not get paid

Agents don’t know the meaning of ‘work hard’ the laziest profession/waste of money ever . Second only to a lawyer . 

[gunderhill]

12 minutes ago, chrisandsu said:

Agents don’t know the meaning of ‘work hard’ the laziest profession ever . Second only to a lawyer . 

I'll  pass  that onto my Wife who often worked 12+  hours a  day showing rooms, waiting at the land  office ,waiting hours for late  clients, having  owners  not  pay commissions, spending almost 24 hours a  day  on the  phone having clients  not  turn  up etc after travelling   half  way across  town.  

[chrisandsu]

9 minutes ago, gunderhill said:

I'll  pass  that onto my Wife who often worked 12+  hours a  day showing rooms, waiting at the land  office ,waiting hours for late  clients, having  owners  not  pay commissions, spending almost 24 hours a  day  on the  phone having clients  not  turn  up etc after travelling   half  way across  town.  

Pass it on with my blessings .

[LeungKen]

The OP's original thread was about an unpaid Commission was has subsequently been finalised I now consider this thread closed, especially as it has now turned into what constitutes work.

 

Topic closed.