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Ruling: Def’s claim of pl’s ineffective work is rejected. Much of the complaints were about delay before seeing apt, which is when the contract was signed. Since def signed the contract after experiencing the "ineffectiveness," these cannot be grounds. The delays reported afterward are unproven and/or inconsequential. Even sources that allow dismissing an ineffective agent (see Chatam Sofer to Choshen Mishpat 87:39) do so only after warning, and def did not claim to have given warning.
The passage of time and modest change in price are also not grounds for exemption. Neither the contract nor the law set a time limit from introduction to the property until the purchase. Only if so much time had gone by that the idea had been forgotten could we say that the agent was no longer the effective agent (see Igrot Moshe, CM I:49). In this case, the passage of time was on technical grounds (demands of the renter). The expiration of the exclusive status with sel does not impact on def’s obligations to pl. The change in price does not fundamentally alter the deal, as prices generally went up during this time. The (unproven) prospect of there not having been a list price, while a requirement for realtor contracts, would not undo pl’s rights since def admits he was informed about the realistic price range.
The claim that def employed a different agent is not impactful either. By contract, def was not allowed to bring in someone else without notifying pl. The contract also states that def would be fully obligated even if pl’s services were limited to the initial stage, which is often the case. While if pl had refused to do further work, she would have been in breach of contract, def did not ask her to do anything that she refused to do.
Therefore, def must pay pl in full.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
769 - P'ninat Mishpat: How Far Does a Lien Go?
770 - P'ninat Mishpat: Did the Real Estate Agent Remain Relevant?
771 - P'ninat Mishpat: Upper Property’s Responsibility for Flooding
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