Can I Collect a Commission for Selling Real Estate and Have the Parties Waive My Liability for Being
Full Question:
Answer:
The answer will depend on all the facts involved, such as whether you have a real estate license. A person who negotiates the sale of real estate is required to have a license under New York state law. Please read the following regarding a case involving a person who collected a finder's fee in a real estate transaction by acting as the agent in a power of attorney rather than a licensed broker:
http://docs.dos.ny.gov/ooah/decisions/non_indexed/BERNIER.htm
Please see the information at the following links:
http://www.dos.ny.gov/licensing/re_broker/re_broker.html
http://www.dos.ny.gov/licensing/re_salesperson/re_salesperson.html
http://www.dos.ny.gov/licensing/lawbooks/RE-Law.pdf
A waiver or release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. It is generally not effective to protect a person from liability for illegal acts, intentional acts, or gross negligence. Under a law called the statute of frauds, an agreement for the sale of real estate in unenforceable unless it's in writing. Please see the real estate forms linked below.
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