A California listing broker's exclusive right to sell agreement expired on March 1. On March 20, a buyer who first viewed the property during an open house on February 15 submits an offer through a different broker. The listing agreement contained a 90-day safety clause. Under California law, what is the MOST likely outcome regarding the original listing broker's commission?
Correct Answer
B) The original broker is entitled to the commission under the safety clause
A safety clause carries the listing broker's claim past expiry for buyers introduced during the term, for the window the agreement names. This buyer first saw the property at an open house held while the listing was live. Other choices: expiry ends the right to market, not a claim already earned; the new broker's agreement is not what creates the entitlement; and safety clauses are enforceable in California, so no lawsuit is required to have one.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.
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.
More Laws Of Agency Fiduciary Duties Questions
Under California law, the agency disclosure requirements apply to which types of property?
Under California law, when must a buyer's agent give the agency disclosure form to the buyer?
A broker who fails to promptly disclose their dual agency status is subject to:
A broker’s fiduciary obligation to protect a seller’s confidential information continues:
A broker has an exclusive agency listing on a property. If the owner sells the property, the broker is entitled to:
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