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Laws Of Agency Fiduciary DutiesListing_agreementsMEDIUM

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 because the buyer was introduced during the listing period within the safety clause window

The safety clause (also called a protection period or extender clause) in a California listing agreement protects the broker's commission for a specified time after the listing expires. Since the buyer attended the open house during the listing period and the sale occurred within the 90-day safety period, the original broker is entitled to the commission as provided in the listing agreement.

Answer Options
A
The original broker has no claim since the listing has expired
B
The original broker is entitled to the commission because the buyer was introduced during the listing period within the safety clause window
C
The original broker can only claim the commission if the new broker agrees to share it
D
The original broker must file a lawsuit since safety clauses are unenforceable in California

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Related Topics & Key Terms

Key Terms:

safety_clauseprotection_periodexpired_listingcommission_claim

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.

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