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civil law

שו”תCategory: Halachacivil law
asked 4 years ago

Hello Rabbi Michi,
In April 2021, the client called me for a meeting and expressed his desire to sell the property.
His idea was to create a boutique hotel or small apartments for short-term rentals.
At this stage, the lease has not been closed.
I started a process with a professional architect who recommended not going in those directions but turning the building into 3 huge apartments.
The client accepted the recommendation.
The client was then renewing a lease with the building’s tenant and requested to pause the project.
On October 25, 2021, he called me back for a meeting to promote the sale.
We met and agreed on a rental price.
Below is what I wrote to him and received confirmation on November 10, 2021.
Before presenting the correspondence between me and the client, the events were as follows:
“Hello Pierre,
Regarding Yavne 19:
Following our meeting today, we agreed as follows:
1/ We prepare a project plan with the architect that will include 2 options:
A) An apartment per floor
b) Private residence
Let me know if you want to be present at the first closing meeting with the architect.
2/ When the brochure is ready, we “put” the property on the market for 70 million NIS as is.
3/ I handle everything, in return for this I will receive 2% of the sales price up to 70 million NIS and 5% of the proceeds beyond that, if any.
4/ Good luck
Please approve” (he approved).
Following the above summary, I decided to change architects (the first one was also not willing to work on a project without finishing it and also asked for 85,000 NIS per month.
I found someone no less professional (maybe more) for only 50,000 NIS and also willing to work under these conditions.
On 11/18/21, an employment agreement was signed with her and an advance payment was paid to her.
She started working and managed to plan an initial proposal (which I sent to the client).
On November 28th (after about two weeks) I asked him in a voicemail what would happen if he found the buyer, and he answered me this way:
“In case I bring the buyer, your commission will be reduced to 1.5% but you are responsible for finishing until closing”
In fact, when he found the buyer, he asked me to do a quick check of the market value of the property to be sure he wasn’t making a big mistake by selling for 65. Which I did and replied back to him within 48 hours with a strong recommendation to sell (I was of course far from thinking that he would refuse to pay me… and he of course didn’t mention that our agreement was void as far as he was concerned…).
He didn’t need me at all regarding the contract since the buyer speaks French and the client has a regular attorney and everything went smoothly.
At the beginning of January, a sales agreement was signed without any assistance from the architect’s work (although I believe he presented the idea of ​​the 3 apartments to the buyer with some kind of business plan of the selling prices of the three apartments and the potential profit of the deal, but oh well).
What is my commission on the sale?

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0 Answers
מיכי Staff answered 4 years ago

I can’t follow. I suggest you go and ask the referee at the meeting.

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