I sent the following Joint Venture / Partnership Agreement via DocuSign to the home seller. The home seller read and signed the agreement. It was then forwarded to the Title Company that we agreed on. Everyones information and contact info was on the agreement as well as the instructions to wire me my money at the time of sale.
I teamed up with this seller to help her sell the house with her knowing that I am a real estate investor and not a realtor on November 2017. A few weeks later she went behind my back and listed the house on the MLS with a Realtor and used a different tile company. She never told me that she did that and she never told the Realtor or the new title co she picked about her agreement with me. I just found out today that she sold the house about 10 days ago on February 2018 and closed the deal.
I asked her wheres my money and why did she not keep me in the loop. She said that I had not found any buyers so she did what she had to do.
She says that I only get paid if I found the buyer but she does not understand that the contract is a jv/partnership agreement and I get paid no matter who finds the buyer.
Now she says I’m not entitled to any money. I told her she never disclosed to the title co and to the realtor about our agreement and at the same time she never kept me in the loop on what she was doing.
Can I sue this lady in court to collect my $5,000 or should I just drop this and move on? She is also now texting me saying that she going to put all over social media and craigslist that I am a scammer because I am asking her for the money and I’m telling her that I will sue her. Is this considered defamation of character as well?
This is what was on the contract, our contact info and the title companys info was on there also and everything was signed via DocuSign. I xxx out the names and addresses
Wording included in the contract:
This agreement was agreed upon on 11/03/17.
In reference to the sale of the property located at 55xx sw 8x street, Margate, FL 33068
This partnership agreement is between Elxx Amxxxx b[/b] & David Jimenez [b](JV Partner).
[/b]Elxx Amxxx agrees to pay David Jimenez $5,000.00 at the time of closing, as Joint Venture Partners.
David Jimenez would like his $5,000 to be wire transfered to the following bank account: