Broker Amanda has an exclusive right of sale listing. During the listing period, the seller finds a buyer independently and wants to sell without paying commission. The listing agreement has no specific clause about owner sales. What are Amanda's rights?
Correct Answer
A) Amanda is entitled to full commission since she has an exclusive right of sale
An exclusive right of sale listing entitles the broker to commission regardless of who procures the buyer, including the owner. Option B is incorrect because procuring cause is irrelevant in exclusive right of sale agreements. Option C is incorrect because there's no legal basis for half commission. Option D is incorrect because this is a contract interpretation issue, not a regulatory matter requiring FREC arbitration.
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In Florida real estate law, what is the 'procuring cause' as it relates to commission disputes?
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A property sells for $280,000 with a 6.5% total commission split equally between listing and selling brokers. The listing broker has a 65/35 split with their sales associate (65% to associate). The selling broker has a 50/50 split. How much more does the listing sales associate receive compared to the selling sales associate?