Breach of Contract?

On or about Feb. 2003, I listed my house for sale with a real estate agent.
In August I asked for some assistance from the agent to find someone to haul some trash but specifically stated I wanted estimates before any work was done. On August 24th I received ( in my fax machine) a bill for $8,000!
I immediately contacted my agent and all she said was " I know it is high but the place looks good". There was no estimate and no communication what-so-ever with with the trash-man or the agent in regards to proceeding with the job. After a month of threats on the phone I sent a chech for $ 1,000 to cover the cost of the bins ( and because my husband was recoveribg from surgery and it was getting him very upset) The check had "Pd-in Full" on it and he cashed it. On the back it was signed over to my agent. After the "alleged" work. all subsquent offers I received on the house had a contingency clause for "monies to clean up the trash or for the sellers to clean up the trash". We visited the site and sure enough the property still contained trash, Cars, and the inside of the house was still full of trash.
A year later, the trash-man is sueing me for "Breach -of contract" and asking for his "8,000 plus Atorney's fees. Help..I didn't have a VERBAL OR WRITTEN CONTRACT. The agent said she told him not to begin until he had my confirmation. I have already spent $4,000 in lawyer's fees and it hasn't gone to court yet.

OK, I'm not sure what you are asking here. You are in trouble. There may or may not be something in the agency agreement you signed with your agent that covers this matter. Regardless, you should have a clause where you can get out of the agency agreement. I doubt there is an actionable clause allowing you to sue the agent for “non performance” in selling your property. Time to find a new agent!

Someone is suing you because they say you owe them money. You have a lawyer on the case. You really have no choice here but to settle the matter or litigate it, so you need a lawyer. If your lawyer is bad or charging too much, talk to them about it. If you can't resolve any differences, switch lawyers. Yes it's expensive, but what choice do you have?

If you told your agent you needed his help finding someone who will clean up the trash and that agent got someone but that someone didint approach you to give notice of what his fees were, then you are under absolutely NO obligation to pay him any money what so ever!! It sounds like there was no clean up at all anyway!!! Sounds like the agent might have initiated some type of personal business with the Clean up crew. You're agent did say that she told him not to clean up until you were notified of the fees so that means you have a very good case to end this harrassment and get your 1000.00 back and lawyer's fees + damages for your troubles as a result of this coniving behavior! If I was you, the first thing I'd do is to get a written disclosure from your agent stating what was said to you regarding notification to the trash man that he must communicate with you further before any work is done. The fact he is trying to get 8 grand from you for work that wasn't even started sounds like he can be sued for intentional and negligent infliction of emotional distress! No lawyer would take such a case however so you may have to proceed with small claims court!! The limits as far as damages go in small claims still might be enough to satisfy your loss. Good luck!

I would suggest you have a meeting with your "Agent", their "Broker" and the "Trash Man" in the Brokers office.

If the "Agent is the one that authorized the "Trashman" to proceed without your authorization of charges it may be that the authorizing "Agent" will have to pay these fees from their commission. Of course they will not be happy with this arangement but:

Explain to the "Broker" that if this issue is not resolved you may be bringing action against the lot of them.

None or these people have the right to spend your loot without your permission.

As another suggestion:

Review your contract "Carefully" to insure you have "NOT" signed anything that would presumptously give the "Agent" the right to act in your behalf in this matter.

By now your Atty. should have reviewed your contract and advised you of this though. If not, WHY NOT? Quiz them about it. What has your $4k been doing?

I would get this either resolved in the Brokers office or let the Trashman take me to court ASAP.

Make sure you have pics of the trash still present at the residence.

Good Luck