A California buyer's agent shows a client 10 properties over three months but never obtains a written buyer representation agreement. The buyer purchases one of those properties. Can the agent enforce a commission claim against the buyer?
Correct Answer
B) No, because California's Statute of Frauds requires such agreements to be in writing and signed to be enforceable
Under California Civil Code §1624(a)(4), any agreement authorizing or employing an agent to purchase or sell real estate must be in writing and signed by the party to be charged in order to be enforceable. This Statute of Frauds provision applies equally to buyer representation agreements and seller listing agreements. Without a signed written agreement, the agent has no enforceable basis to claim a commission from the buyer, regardless of the services rendered or the duration of the relationship.
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Previous Question
A California buyer contacts a listing agent directly at an open house and asks the agent to write an offer on the property. The buyer has not signed a buyer representation agreement with any agent. Under California law, who does the listing agent represent in this transaction?
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Under California Civil Code §2079.17, when must a listing agent provide the agency disclosure form (AD form) to the seller?