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Laws Of Agency Fiduciary DutiesListing_agreementsMEDIUM

A California seller signs a listing agreement entitling the broker to a commission if the property sells to any buyer during the listing period, regardless of who procures that buyer. Midway through the listing period, the seller accepts a purchase offer from a buyer the broker had no contact with. Which of the following correctly describes the seller's commission obligation?

Correct Answer

B) The seller owes the full agreed commission, since an exclusive right to sell covers a sale to any buyer

An exclusive right to sell earns the broker the commission on any sale during the term, whoever brings the buyer - that is the whole difference between it and an exclusive agency listing. Other choices: introducing or negotiating with the buyer is what an open listing turns on, not this one; marketing efforts do not have to be traced to the buyer; and no extra clause is needed, because covering sales the broker did not procure is what the form already says.

Answer Options
A
The seller owes no commission because the broker did not introduce or negotiate with the buyer
B
The seller owes the full agreed commission, since an exclusive right to sell covers a sale to any buyer
C
The seller owes the broker a commission only if the broker can demonstrate that marketing efforts contributed to the buyer's awareness of the property
D
The seller owes the broker a commission only if the listing agreement contains an explicit clause covering sales to buyers the broker did not procure

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Related Topics & Key Terms

Key Terms:

exclusive_right_to_sellcommission_obligationseller_found_buyer

Related Concepts

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

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