Need advice: Agent taking a huge commission with only a verbal agreement
My friend sold his land rights through an agent. Initially, he told the agent that he only needed ₱200k from the sale. When he later found out that the agent had sold the rights for ₱320k, he insisted that he should receive ₱210k instead.
The buyer paid a ₱50kdown payment, from which my friend received ₱30k. The remaining balance will be paid by the buyer at ₱15k per month for 18 months. The problem is that the agent insists on taking ₱5k from every monthly payment immediately. My friend proposed that he should first receive the full ₱210k that he expected from the sale, and only after that should the agent receive the rest of her commission. The agent refused.
Another concern is that during the first monthly payment, the agent didn't even attend the meet-up and simply asked my friend to send her ₱5k afterward. My friend and the buyer had to prepare and sign their own acknowledgment receipt.
There was no written agreement regarding the agent's commission or how the payments would be divided—everything was agreed upon verbally.
Can the agent legally insist on taking part of every payment despite there being no written agreement? Would it be reasonable for my friend to refuse to remit any more commission until he has received the full ₱210k, or even demand a larger share now given the circumstances? We'd appreciate any legal or practical advice. Thank you very much.