Hello everyone! Greetings of Peace!
I am an Agent, whether for a change or not. My story goes like this:
A and b spouses as seller of a UNIT. B-as buyer of the unit. I was able to sell the unit of course with a valid ATS signed by both spouses. In the Title of the unit, it says A Married to B and etc... B was able to secure an approved loan, thereafter on her owned, process the transfer,(deed of sale was already signed by everyone)..and later submitted it to the bank for final processing and eventually, ready to set release the proceeds to the seller. Now here is the problem, One of the Spouse suddenly died of a disease...(no discussion)...and eventually bank knowing such conditions eventually led to certain requirements before the bank -proceeds can be release. Bank requirements is, half of the money or 50% can be pick up by the surviving spouse and half should comply first with the requirements, such as; extra-judicial, etc.
Time is to slow for the seller and eventually contemplating, to rescind the contract?
My concern as an agent is now being prejudiced, like not getting my commission? because seller is saying that my commission is based only, as they are saying including the surviving heirs that, "Status Quo" or you will not get anything if we don't get that proceeds?..well. my job is already done when the moment they signed the deed of sale and the money is already there, just for them to comply with the requirements to receive the full amount. Now, do i still get anything whether they agreed to rescind the contract of Spouses and the buyer? or can i file for a Small claims court forcing the seller to give me my commission? rescind or not?
Good day. I hope i can be enlighten before I move for such drastic measure. Thank you in advance.
