Central District Consumer Bankruptcy Attorney's Association

While unlikely, it's possible for the real estate agent to be disgorged of
his fees. With that in mind, I don't like the idea of deviating from the
sale order. The order will say exactly what happens to the money. Suppose
the order says: "Escrow shall disburse $5000 to Real Estate Agent from the
proceeds of the sale."
Do you intend to advise the escrow officer not to follow the order of the
court?
My advice to you is to keep all parties aware of how the process works,
surprises are what make people upset. You need to go to Court once the
buyer is found to auction the property correct? You can try, "Your honor,
before we begin the bidding process, I would like to bring to the Court's
attention that the order approving Mr. ___ as real estate agent has not
been entered. We are concerned that the escrow agent will be confused
regarding how to disburse funds earmarked for Mr. ___...."
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
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On Thu, Mar 19, 2015 at 11:15 AM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> Dear List,
>
> I'm handling a case where the debtor is selling real property. We have a
> signed and entered order from the judge giving the debtor authorization to
> sell the property. However, the employment app for the real estate agent
> is still not yet signed. We do not want to jeopardize the sale while
> waiting for the judge to sign the order. Is it possible to complete the
> sale and leave the real estate agent's commissions in escrow until we get
> the signed order from the judge and instruct escrow to release the
> commissions to the real estate agent then?
>
> Thanks.
>
>
> Regards,
>
> Tuan Le
>
>
>
> Tuan Le, Esq.
>
> Law Offices of Steve Lopez
>
> 8562 Florence Avenue, Suite A
>
> Downey, California 90240
>
> Main: (562)904-1193
>
> Fax: (562)262-2846
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also
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> Enclosed information and attachments remain the property of the LAW
> OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither
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> the LAW OFFICE OF STEVE LOPEZ should be understood as my personal
> responsibility, and as neither given nor endorsed by the LAW OFFICE OF
> STEVE LOPEZ.
>
>
>
>
While unlikely, it's possible for the real estate agent to be disgorged of his fees. With that in mind, I don't like the idea of deviating from the sale order. The order will say exactly what happens to the money. Suppose the order says: "Escrow shall disburse $5000 to Real Estate Agent from the proceeds of the sale."Do you intend to advise the escrow officer not to follow the order of the court?My advice to you is to keep all parties aware of how the process works, surprises are what make people upset. You need to go to Court once the buyer is found to auction the property correct? You can try, "Your honor, before we begin the bidding process, I would like to bring to the Court's attention that the order approving Mr. ___ as real estate agent has not been entered. We are concerned that the escrow agent will be confused regarding how to disburse funds earmarked for Mr. ___...."Sincerely,
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