[photopress:thecast_biopict_jerry.gif,thumb,alignright]Joe asked: Ardell, I was wondering if you would care to comment on the Jerry Seinfeld case.
Thanks Joe, for the opportunity to sort out this “No Commission for You!” case. It’s a shame Seinfeld is no longer on TV, as this would make a great episode where they could play the “No Soup for You!” Soup Nazi theme in a different light.
There are a lot of missing facts in the linked story, so I have to expand the information first.
Gist of the Story:
The Seinfelds used a personal manager to view property with the agent, before they themselves viewed property.
From September of 2004, the Seinfeld’s real estate agent showed various properties to their representative.
In January of 2005 the agent showed the property the Seinfelds eventually purchased, to the personal representative of the Seinfeld’s.
On February 11, 2005 the agent again showed the property, to both the personal representative, AND Mrs. Seinfeld.
Then came the Sabbath, that same night, and the agent was not available for a 24 hour period either by phone or in person. That happened to be the day Jerry wanted to see it and he went there and struck a deal with the owner direct.
Seinfeld refused to pay the agent because she was unavailable for the 24 hour period he was ready to go, see and buy.
My thoughts are that the agent should have had someone covering for her during her “24 hour shutdown”. It’s not like it was an unforeseen emergency, like she was rushed to the hospital. This “I don’t work on the Sabbath” is a weekly event. No reason she can’t hire someone to answer her calls, and someone to show property for her, during those 24 hour time periods.
I can see a buyer not wanting to risk losing a property during that time. What if there were another offer that day? Should a buyer lose a house so an agent can take a day off? Or should the agent provide a back up number for them, like a doctor would.
So I do fault the agent for not having a back up person. But it would appear from the facts that the agent was entitled to the commission, and the Seinfelds would not have lost the property, had they waited until Sunday.