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Tough Negotiation Tactics Win Client Favorable Settlement Without the Need for Litigation

The client, a residential real estate broker, was cut of his rightfully earned commission by a co-broker. There was no doubt that the client brought a ready, willing, and able buyer to the table, having introduced the buyer to the property, conducting showings and helping set up the deal. The buyer entered into a contract with the seller and eventually the deal closed. However, the co-broker managed to cut the client out of his half of the commission by claiming the client did not do enough to help consummate the deal. When the client complained, management played favorites and would not give the client his rightfully earn commission or even fairly arbitrate the issue between the brokers.

The client’s goal was to avoid litigation and recover the commission through tough negotiations. Adam Leitman Bailey, P.C. immediately moved into action by writing a letter to management demanding that the commission money be held in escrow until the parties involved were able to sit down and discuss the issues. The letter accomplished this goal and brought all the parties, together with the CEO of the brokerage company, to the table shortly thereafter.

Adam Leitman Bailey, P.C. entered the negotiation with a full command of the facts and the law and immediately took the aggressive approach. Adam Leitman Bailey, P.C. researched every case on the subject and put together a highly persuasive memorandum explaining how the law was on Adam Leitman Bailey, P.C.’s client’s side. Adam Leitman Bailey, P.C. was also able to uncover and utilize language in the brokerage company’s own employee manual that demonstrated the impropriety of the company’s actions in dealing with the disputed parties. This strategy immediately put the brokerage company on notice that favoring one client over another would be disastrous.

The case had to be won at the settlement table and that required putting all the cards on the table right away. Adam Leitman Bailey, P.C. laid out the undeniable facts to all the parties involved and this fast-tracked approach paid off: the immediate response from all parties was an inclination to settle. The initial offer, however, was below 50% of the entitled to commission. Adam Leitman Bailey, P.C. knew, however, that additional tough negotiations would get its client to a satisfactory offer.

The tough negotiations paid off. The client would eventually recover over 80% of the commission he was entitled to. All of this was accomplished without ever having to file one document with the court. The aggressive approach saved the client hundreds of thousands of dollars in litigation fees: an impressive victory from the Adam Leitman Bailey, P.C. team!

Adam Leitman Bailey led negotiations.

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