On Tuesday, August 26, 2014 11:22:50 AM UTC-4, Moe DeLoughan wrote:


Nonsense. If they don't give you the gift cards, you can do anything you please, you have no obligation to them.



If you signed up, they can still haul you into court for failing to

honor the contract even though they failed to honor it as well. That's

the point: that you are creating a potential legal headache for

yourself if these guys decide to pursue their legal claim against you.

If they do what you suggested, which is have you sign
the contract, then fail to pay you a cent, no gift cards at all, do
you really, really think they are going to haul you into court? It
would be like the example I gave you, of a guy agreeing to buy your
car for $3000 next Saturday, then you never see him again. He *could*
take you to court. I could file a frivolous court action against you
or anyone else, regardless of what one signed or didn't sign. The point
is, the company isn't going to take you to court for a case where they
didn't pay you a cent and have no case.




Five years on, and it's your word against theirs that they failed to

uphold their end of it. In the meantime, they've got your signature on

the agreement.


They would have to prove that they provided you with the gift certificates.
No proof, no case. Also factor in that if this is their business practice,
to not give people the gift cards at all,
it would seem extremely unlikely that they aren't going to be put out of
business, put in jail, before I happen to sell my house.








They aren't going to sue you to

enforce a contract they breeched, when

they have no case and it's $300.



It's not $300 for them. It's 7% of the sale price of your home. *That*

is what they're angling for, and that's what they're offering cheapass

gift cards for in hopes of securing.

It's clearly not 7%. Around these parts the total commission is 6%. That is typically split between two firms. If one firm is the one that is part of this deal, then that *realty firm* would get 3%, if they actually sell the house. The third party company, what they get, is anyone's guess, but it's clearly not
7% of the value of the house.


For a $200K home, they're looking

at a potential sales commission of $14K. You think they'd walk away

from that? I don't.



Per the above, the firm we're talking about isn't getting 7% of the sales price. They might not get anything for the actual sale at all, for all we
know. The arrangement could be that they get some small amount from the
realty firms up front and nothing on the back end. And regardless, if they
didn't provide any compensation, which is the scenario you proposed, yes
I think they'd walk away. Is a company from CA going to sue me in NJ to
try to collect a bogus claim, when they have no case? Isn't going to happen.