Payment of Brokerage Fees

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Question

Hello, I have a question regarding monetary laws and would appreciate an answer as soon as possible. My mother's neighbor told her that she wants to sell her apartment, so my mother said that she has a friend who is looking for an apartment. She approached her friend with the simple intention of wanting brokerage fees, only she forgot to mention it. Ultimately, the apartment owner heard about it and called my father and yelled at him (how dare he take brokerage if he himself previously arranged an apartment without brokerage). Ultimately, my father told him that he waives it, and the waiver was without my mother's knowledge. What happened is that the owner, hearing that he waives, raised the price of the apartment (took the brokerage fees for himself). So my question is: a. Is it appropriate to take brokerage fees when it was only in my mother's intention? I must note that the buyer was willing to pay brokerage fees, only he claims that due to the father's waiver, the owner raised the price, and thus he ends up paying twice, which he is not willing to do. b. Is my father's waiver valid concerning my mother (she is absolutely not willing to waive, especially since the waiver came due to his yelling), ultimately she did all the brokerage herself. Thank you very much.

Answer

Shalom and blessings,

There is a significant debate on whether in such work the money belongs to the husband or the wife, and therefore there is room to claim brokerage fees from the buyer and ask the seller to reduce the apartment price. However, if they insist on their refusal, it will not be possible to obligate them because they can claim that they hold the opinion that the money belongs to the husband, and he has already waived it.

Source

Choshen Mishpat, Siman 264

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