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A Wisconsin real estate broker, Lakeside Realty, has a written listing agreement with a seller. The seller subsequently refuses to pay the agreed commission after the broker procures a ready, willing, and able buyer. Under Wisconsin Statutes Chapter 452, which of the following statements about the broker's right to commission is most accurate?

Correct Answer

B) The broker has earned the commission upon procuring a ready, willing, and able buyer, even if the sale does not close

Under Wisconsin common law and the principles embedded in Chapter 452, a broker who holds a valid listing agreement earns the commission upon producing a ready, willing, and able buyer on the seller's terms. The seller's refusal to proceed does not eliminate the broker's right to the earned commission. The broker may pursue the commission in civil court even if the transaction does not close.

Answer Options
A
The broker may sue for the commission only if the sale actually closes and title transfers to the buyer
B
The broker has earned the commission upon procuring a ready, willing, and able buyer, even if the sale does not close
C
The broker may only recover commission through the Wisconsin Real Estate Examining Board arbitration process
D
The broker forfeits the commission if the seller withdraws the listing before closing

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Related Topics & Key Terms

Key Terms:

commission_earnedready_willing_ablelisting_agreementbroker_rights

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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