No. There is no statute that authorizes you to place a lien upon an owner's home to protect your right to a negotiated fee for termination of a listing. And if you attempt to have the title company refuse to complete the closing of the sale to secure your fee, you could find yourself at risk of disciplinary action by the Texas Real Estate Commission.
A better course of action is to continue to discuss this matter with your former client. You can also ask the seller's current broker to help resolve this issue. If those efforts are unsuccessful, your remedy lies in filing suit to collect your fee.
You better consult with your Broker first before you request money “owed” from your Client. If you don’t you may find yourself in trouble with your Broker.
This scenario is what alot of agents now fear when the Buyer Agreement is required to be signed. And the more this idea gets out to consumers, the more it will hurt all agents. Many brokers won’t back up their agents in a lawsuit even if they’re in the right. I agree this was a possibility BEFORE the changes, but it’s now even more in the public forefront of a way to save money for the consumer…ditch your agent. How do we fix this, TXRealtors?
This post is about listing agreement, not buyer rep agreement. I am not sure why the answer involves a “current agent”, that seems to be a leap. May or may not be a current listing agent. I think, only the broker can take them to court. Some broker’s may not mind taking someone to small claims court but the amount would have to be under that amount. I can’t see any broker wanting to involve themselves in the expense of a district court. Always know what the maximum amount is for small claims court and always make sure your early… Read more »
I thought all real estate matters cannot go through the small claims court. Am I right or wrong?
It’s not a bad idea to get familiar with Homestead laws. Even if you win the small claims court case against your former buyer, Homestead laws will likely keep you form ever collecting. Learn the lesson and just move on.