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Real Estate ContractsContract_essentials_flHARD

Two Florida real estate brokers verbally agree that Broker A will pay Broker B a 25% referral fee for a commercial transaction. Broker B refers a client who purchases a $2 million property. When Broker A refuses to pay the referral fee, claiming no written agreement exists, what is Broker B's legal position under Florida law?

Correct Answer

A) Broker B cannot collect because F.S. 475 requires written brokerage agreements

Correct: A - F.S. 475.42(1)(d) requires agreements for commission splits between brokers to be in writing to be enforceable. This is a specific requirement beyond the general Statute of Frauds. Why not B: The Statute of Frauds does apply, and F.S. 475 has specific requirements. Why not C: Quantum meruit doesn't override statutory requirements for written agreements. Why not D: Florida law specifically requires written agreements between brokers for commission splits.

Answer Options
A
Broker B cannot collect because F.S. 475 requires written brokerage agreements
B
Broker B can collect because the Statute of Frauds doesn't apply to broker agreements
C
Broker B can collect under quantum meruit theory
D
Broker B can collect because verbal broker-to-broker agreements are enforceable

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Related Topics & Key Terms

Key Terms:

broker agreementscommission splitswritten requirementsF.S. 475
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