Me and my sister were basically forced to sign a promissory note in order to cancel our listing agreement by the managing broker of firm we hired to sell house. The note says the broker is a lender and that we owe 2k with 5% interest per annual. The cancellation of listing states we owe 2k for expenses out of pocket, and nothing of 5% interest. Problems:
1) our listing agreement under compensation to broker section, 5% is written in the commission space but box is not check marked and the rest of section is blank. So we owe them nothing.
2)the 2k was supposed to split 50/50 between my sister and I. Nothing on the note states that.
3)how do you pay interest on money that was never borrowed? We didnt borrow 2k from her, she claims it was for money they spent for marketing.
4)All they did was place on MLS and have 2 open houses. MLS you pay a yearly fee, so they spent nothing there, what they gona charge us 2k for a case of water?
5)can i subpoena them for proof of debt for our appeal? Yes she sued us for default of promissory note and won. Im not a good talker so our case was ridled with info i forgot.
None of your earlier questions has any bearing on the situation. You didn’t defend yourself well enough so you owe the money. The interest post judgment is 10% so now you really got a bigger problem.
Too late to subpoena anything appeals deal with correcting errors of trial court. Only that which was before trial court can be reviewed on appeal.
As to the arguments made here if they were not made to trial court they cannot be reviewed
I suppose ultimately your biggest problem is that you signed the note
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