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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 broker the full agreed commission because the listing agreement entitles the broker to compensation whenever a sale occurs during the listing period

The listing agreement described is an exclusive right to sell listing, the type that entitles the broker to the agreed commission whenever the property sells during the listing period, regardless of who finds the buyer. This is the defining characteristic of an exclusive right to sell listing under California law, and the seller's obligation to pay the commission is not contingent on the broker's involvement in procuring the buyer.

Answer Options
A
The seller owes no commission because the broker did not introduce or negotiate with the buyer
B
The seller owes the broker the full agreed commission because the listing agreement entitles the broker to compensation whenever a sale occurs during the listing period
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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