When Is a Commission Due? Problems with Broker Listing Agreements

Volume 27 No. 1


Roger Bernhardt is a professor of law at Golden Gate University in San Francisco and former chair of the Section’s Legal Education Committee. Dale A. Whitman is the James E. Campbell Missouri Endowed Professor Emeritus of Law at the University of Missouri−Columbia School of Law.

Real estate brokers and property owners can both benefit from carefully considering the terms of a listing agreement to ensure that the seller is not liable for the broker’s commission unless the sale closes but protecting the broker against a seller whose willful action prevent the sale.

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