Hilchos Choshen Mishpat

Volume I : Number 7

Amateur Real Estate Agents

Sources:

It is clear from the Rema that any person, regardless of age or expertise, who does a service for his friend, if it is customary to pay for this service in that area, the service provider has a right to demand payment. The recipient is unable to argue, "You were just doing me a favor."

It is also clear from the first part of this Halacha, and from the Biur HaGra there (13) that anytime that someone is interested in having work done for him, even if it was done without his request,he must pay for the work. The source of this obligation is the Gemara in Bava Kamma (101a) that discusses the Din of "a gardener who goes down and plants in someone's field without his permission." [Obviously, this Halacha needs to be carefully applied. The recipient of the service only needs to pay the amount that he benefits from the service. There are many variables that need to be taken into consideration, such as quality of performance and the type of work that was desired.]

However, the Nesivos Mishpat (12:5) states that if the intention of the worker when he did the work was to do it for free, and only after completing the work did he decide that he would like to get paid for it, he does not have the right to demand payment.

I would like to add that it is customary among real estate agents (and among Shadchanim), that if two people are involved in a match,the one who suggested it receives 1/3 of the fee, and the person who carried out the negotiations and pushed the deal through receives 2/3 of the fee. However, this is only if the second person who pushed it through is unrelated to either party. But, if an agent suggested a deal, and the parties themselves negotiated and pushed it through, the agent who suggested it receives the entire fee. It is considered as if he is the sole agent involved, and the parties who negotiated cannot subtract from his fee.

This class is translated and moderated by Rabbi Aaron Tendler of Yeshivas Ner Yisroel in Baltimore. Rabbi Tendler accepts full responsibility for the accuracy of the translation and will be happy to fax originals of the articles in Hebrew to anyone interested.

Feedback is appreciated! It can be sent to atendler@torah.org.

We hope you find this class informative and stimulating! If you do not see a subscription form to the left of the screen, access the Advanced Learning Network to subscribe to Business-Halacha.

For information on subscriptions, archives, and other Project Genesis classes, send mail to learn@torah.org for an automated reply. For subscription assistance, send mail to gabbai@torah.org.

Please Note: The purpose of this column is to make people aware of Choshen Mishpat situations that can arise at any time, and the Halachic concepts that may be used to resolve them. Each individual situation must be resolved by an objective, competent Bais Din (or Rabbinic Arbitrator) in the presence of all parties involved!