Intellectual Property Law

How do I get my money from my lawyers trust account?

In August of 2005 I sold a residential property. The listing agreement with my realtor indicated if the property was sold by the listing agent (dual vendor) the commission would be 2%. The listing broker went on vacation and the agent assigned to look after her properties sold the property to an existing client. In essence, When my agent went on vacation, another agent was looking after her clients. This agent acted for both myself and the purchaser. A dual agency was created and the 2% commission should apply. By acting in my agents stead the other agent assumed any agreement that the listing agent made with me. The listing agent received her 2% but the remaining 2 1/2% is being held in my lawyers trust account. As the listing agent has not pursued this, can I get my money from MY lawyers trust account? I cant seem to get a straight answer from my lawyer. I don't know if the statute of limitations has lapsed (1 or 2 years?) for the agent to sue. How do I get my money

Public Comments

1. Your lawyer has to hold the money until the situation is resolved. If the agent really has no issue, she should be willing to sign some sort of a release stating that she is not entitled to the commission and will not be making any sort of claim. That should solve your problem.