Make Sure Your Agreements Are in Writing

Real Estate Attorney in Woodland HillsA recent California Court of Appeals decision once again demonstrated how important it is to always get your agreements in writing.  While the decision was in the context of a real estate broker’s claim for a commission, the basic principle can be applied to all agreements.

In its decision which was issued on December 1, 2016, the California Court of Appeal reiterated the long-standing rule in California that a real estate broker’s claim for commission is not enforceable unless the agreement to pay that commission is in writing.  In the case that was before the Court,  the buyers told their broker friend that they were looking for a home.  Being a good friend, he agreed to assist and represent them in their search for which he was to be paid a commission.  Being “friends”, they did not bother to put that agreement in writing.  The broker found a home for the Buyers and made two offers on  their behalf.  The Seller made counteroffers, at which point the Buyers then asked their attorney, also a broker, to assist them.  Their attorney then made an offer on their behalf for the same property, which was accepted.  When his claim for a commission was rejected, the original broker sued for his $925,000.00 commission. (more…)

What To Do in a Heated Negotiation

Event: ProVisors Panel on Negotiation
Venue: Calabasas Country Club
Location: Calabasas, Los Angeles, Ca
Speaker: Attorney Douglas Schreiber of Anker, Hymes & Schreiber, LLP

Business Attorney Doug Schreiber of Anker, Hymes and Schreiber, LLP answers the question of what to do when things get heated in a negotiation.

Transcription:

Mediator: What do you do in a contentious situation? This sounds like everybody’s having a great time and you can figure out must haves, and you can walk away. What do you when it’s contentious?

Attorney Doug Schreiber: That happens a lot. You try to backup and find some form of agreement.   If it’s a situation where you are arguing over an amount of money, maybe you back away from the amount and talk potential about terms. (more…)

Welcome to Anker Reed HSC’s Blog

Hello and welcome to Anker Reed HSC’s Blog. Here we will be posting articles and commentary regarding various aspects of business, real estate, estate planning, probate, trusts, wills, intellectual property and civil litigation.