Including The duties and liabilities of Principals and Agents. The earning of commissions by Real Estate Brokers, Pleading, Practice, and Judicial Constructions and Interpretations, and Forms for Listing, Brokerage and other Contracts.
| Title | American Law Of Real Estate Agency |
| Author | William Slee Walker |
| Publisher | The W. H. Anderson Company |
| Year | 1922 |
| Copyright | 1922, The W. H. Anderson Company |
| Amazon | American law of real estate agency |
By William Slee Walker (Of The Cincinnati Bar)
Second Edition
Preface- Time, which enlarges the patrimony of the law, in order to collate and present the many recent important decisions which have greatly enriched the Law of Real Estate Agency, calls for a second edition...
- Abbreviations
- A. & E........................American & English Annotated Cases. A.............................Atlantic Reporter. Aff...........................Affirmed. Aff. on re......................Affirmed o...
- Part I. The Contract Of Agency. American Law Real Estate Agency. Chapter I
- 1. Who are capable of becoming principals and agents. 2. Power of delegating authority. 3. Inherent power of becoming agents. 3a. Agent distinguished from broker. 4. Personal acts that are undelega...
- Sec. 1. Who Are Capable Of Becoming Principals And Agents
- In general, it may be said that every person is capable of becoming a principal or an agent. Mechem on Ag., See. 43. ...
- Sec. 2. Power Of Delegating Authority
- Principals are capable of delegating authority to others to act in their behalf and for their interests. In general, whenever a person has power to do a thing he may do it by an agent, and every perso...
- Sec. 3. Inherent Power Of Becoming Agents
- Almost all persons are capable of becoming agents. It is not necessary for a person to be sui juris, or capable of acting in his own right, in order to qualify himself to act for others. Story on Agen...
- Sec. 3a. Agent Distinguished From Broker
- One who is given power to examine property and determine whether a trade for other property should be made, and who is not employed simply to bring the parties together, is an agent and not a broker. ...
- Sec 4. Certain Acts Are Personal In Their Nature, And The Authority Confided Can Not Be Sub-Delegated
- In general, what a person sui juris may do himself, he may delegate authority to another to do for him; yet there are exceptions; thus, although a person may do an unlawful act, it is clear that he ca...
- Sec. 5. Certain Acts Are Personal In Their Nature, And Cannot Be Sub-Delegated
- For it is a personal trust or confidence, and therefore by implication prohibited from being delegated; as, if a man has a power given to him by the owner to sell an estate or to make leases for him, ...
- Sec. 6. Agency Is Divided Into Two Classes - Special And General
- Agency is divided into two divisions; (1) Special; (2) General Agency. A special agency particularly exists when there is a delegation of authority to do a single act. A general agency particularly ex...
- Sec. 7. Agents Employed To Buy Or Sell Real Estate, To Negotiate Exchanges Thereof, To Procure Leases, Options And Loans, Are Usually Termed Brokers
- Agents employed to buy or sell real estate, to negotiate exchanges thereof, to procure leases, options and loans, are usually termed brokers. Mechem on Ag. Sec. 934. A broker is one who is engaged fo...
- Sec. 8. Who Is Not A Broker
- A salaried agent who does not act for a fee or rate per cent. for others is not a broker. Portland v. O'Neill, 1 Oregon, 218; Rodman v. Manning (Or. Sup. '09), 99 P. 657, 1135. A trust company, though...
- Sec. 8a. Definition Of Term "Brokerage."
- Brokerage is equivalent to compensation for services rendered. Myers v. Dean, 11 Misc. 368, 371, 32 N. Y. S. 237; V. 8. v. Fisk, 25 Fed. Cas. No. 15, 104. ...
- Sec. 9. Licenses
- In some States a real estate broker, before he can lawfully engage in such business, must procure a license. Natt v. Papet, 15 La. 306. ...
- Sec. 10. How Brokers Are Appointed
- In the absence of a statute to the contrary, the employment of a broker for the purchase or sale of real estate is a contract for his services and may be by parol. Rathbum v. McLay, 76 Conn. 308, 56 A...
- Sec. 11. Employment Of Sub-Agents
- Ordinarily an agent is without authority to bind his principal by the employment of a broker to effect a sale. Bennett v. Howes, 15 Daily (N. Y.), 43, 2 N. Y. S. 717; Jenkins v. Funk, 33 Fed. 915; Cra...
- Sec. 11b. Sub-Agent, When Illegally Appointed, Can Not Bind Principal To Pay Commission
- Where a sub-agent, employed by real estate agent under his general authority, was directed by the broker to continue his efforts, after the option which he had procured to be taken was cancelled, the ...
- Sec. 12. Employment Of Brokers, And Its Limitations
- A broker employed to sell at a certain price can not recover commissions for selling at a lower price. Blackwell v. Adams, 28 Mo. App. 61; Williams v. McGraw, 52 Mich. 480, 18 N. W. 227. A broker, in ...
- Chapter II. Sec. 13. Exclusive Employment As Broker Or Agent
- An exclusive agency, supported by a sufficient consideration, entitles a broker to commissions on a sale made by the principal (if excluded) or through the efforts of another broker during the time sp...
- Sec. 14. Duration Of The Agency
- An agency to sell Teal estate is presumed to continue until a sale is effected, and the burden is on the principal to rebut such presumption. Hartford v. McGillicuddy, 103 Me. 224, 68 A 860. A contrac...
- Sec. 15. Termination Of The Agency
- Ordinarily, unless a contract of employment is coupled with an interest or is given for a valuable consideration, the authority of the agent may be terminated at will by giving notice, subject only to...
- Sec. 15. Termination Of The Agency. Continued
- 392, 75 S. W. 923; U. S. Farm Land Co. v. Darter, 183 P. 696, - Cal. App. -; Ritch v. Robertson, 106 A. 509, - Conn. Sup. -; Brown & Peeples v. Stokes, 103 S. E. 423, - Ga. App. - . Contra, Quist v. ...
- Sec. 16. A Contract Coupled With An Interest
- An interest in the land itself, as distinguished from the proceeds of it, is the distinguishing feature of a power coupled with an interest. Hunt v. Ronsmanier, 8 Wheat. (U. S.) 174; Beck v. Howard, 1...
- Sec. 17. Special Contracts With Brokers For The Sale Of Real Estate
- To entitle a broker to commissions or compensation a contract, express or implied, is necessary. Castner v. Richardson, 18 Colo. 496, 33 Pac. 163; Day v. Hale, 50 I11. App. 115; Stephen v. Scott, 43 K...
- Sec. 18. Authority Conferred On Real Estate Brokers And Agents
- One buying from a non-resident owner, through a real estate broker, is bound to ascertain his authority and the correspondence by which it is established. Merritt v. Wasenich, 49 Fed. 785; Sullivant v...
- Authority Conferred On Real Estate Brokers And Agents. Part 2
- A sale by a broker at $1,500, one month after he said he could not sell at that price and asked for lower terms was without authority. Matthews v. Sowle, 12 Neb. 398. Abbreviations used in the authori...
- Authority Conferred On Real Estate Brokers, Agents. Part 3
- Where an agent is employed to secure a purchaser for real estate within a certain time, for certain commissions, he can not recover unless he furnishes a purchaser within that time. Ice v. Maxwell, 61...
- Chapter III. Sec. 19. Nudum Pactum, A Contract To Be Effective Must Be Based Upon A Consideration
- A contract by a person having no interest in the transaction, to pay a commission if a sale is effected, is void, unless supported by a consideration. Smyth v. Mack, 19 N. Y. S. 347, 64 Hun, 639. Rele...
- Sec. 20. Unilateral Contracts
- Although an agreement signed by a real estate owner to pay an agent a certain commission in the event that the owner shall make a sale is a unilateral contract, and invalid on its face, yet where the ...
- Sec. 21. Consideration As An Essential Constituent Of An Enforceable Contract
- Where one employs another as agent to sell land, the contract is based upon a sufficient consideration. Rowan v. Hull, 55 W. Va. 335, 47 S. E. 92; Gilmore v. Samuels (Ky. Ct. App. '09), 123 S. W. 271....
- Sec. 22. Revocation Of Authority Granted To The Agent
- If a broker has had a reasonable time to find a purchaser, the principal may, in good faith, revoke the employment without incurring liability. Blumenthal v. Goodall, 89 Cal. 251, 26 P. 906; Collier v...
- Sec. 22. Revocation Of Authority Granted To The Agent. Continued
- Where a real estate broker, employed to procure a purchaser for a farm, procured a buyer who agreed with the owner on the terms of sale, and the buyer was given to a fixed date to purchase, unless the...
- Sec. 23. Repudiation Or Rescission Of The Contract
- If a purchaser wishes to repudiate a contract to purchase on the ground that his agent has secretly received commissions from the seller, he must act promptly and make restitution as far as possible. ...
- Chapter IV. Sec. 24. Ratification
- Before a principal can be bound upon the ground of ratification, it must appear that he had full knowledge of all the material facts affecting his interest in the transaction. Maze v. Gordon, 96 Cal. ...
- Sec. 24. Ratification. Part 2
- Where defendant's husband had an interview with plaintiff in regard to a sale of her land, and that in response to a letter from plaintiff the husband called at the office and was introduced to T, and...
- Sec. 24. Ratification. Part 3
- Where a property owner, with knowledge of the custom of real estate agents to charge both parties commissions on exchange of property, allows the broker to render the services and remains silent, the ...
- Chapter V. Sec. 25. Privity
- In the absence of contractual relations, a sub-agent is not entitled to recover from the owner for want of privity. J. B. Watkins Ld. Mtge. Co. v. Thetford (Tex. Civ. App. '06), 96 S. W. 72; Sterling ...
- Sec. 26. The Power Of Attorney, Its Extent And Its Limitations
- A power of attorney to buy and sell real estate, etc., does not authorize a sale of land acquired by the grantor before he executed such power. Greve v. Coffin, 14 Minn. 345. In one case it was held ...
- Sec. 27. The Attorney In Fact
- An attorney in fact is one who has authority given him to act in the place and stead of him by whom he is delegated. Bacon's Abr. All persons who are capable of acting for themselves, and even those w...
- Sec. 28. Assignees And Assignments
- A broker who is the owner of an entire demand for commissions may assign an item of it, though he recovers on the remainder, his recovery will not bar the assignee from recovering on the item assigned...
- Sec. 29. Attorneys At Law
- An attorney can not recover full commissions for purchasing property for another, and in addition recover an attorney's fee for defending a suit involving the right of the vendor to repudiate a sale p...
- Sec. 30. Auctions And Auctioneers
- A contract giving an agent the exclusive right to find a purchaser for a farm within a given time is not breached by a sale by the owner at public auction, through the medium of an auctioneer acting u...
- Chapter VI. Sec. 31. Architects
- In an action by an architect for compensation for procuring capitalists ready and willing to undertake the construction of a hotel, it was alleged that his right to compensation depended on his procur...
- Sec. 32. Abstracts Of Title
- A real estate broker employed to sell land inquired whether his principal had an abstract of title, and was told by her that she saw no necessity for sending an abstract until a sale was made; on his ...
- Sec. 33. Meeting Of Minds
- Where a prospective purchaser insisted upon a warranty deed and the owner would only quit-claim as to that part of the conveyance which covered what was formerly a street, there was no meeting of mind...
- Sec. 34. Executors And Administrators
- An admission by an executor, in an action for commissions for procuring a purchaser of testator's land, that he was the executor and trustee under a will is not sufficient to show that he was authoriz...
- Sec. 35. Trusts And Trustees
- Defendant brokers, being authorized by plaintiff to sell land for $2,300, intrusted the matter to G, an employee, who persuaded one S to take the land for $2,300, promising that defendants would raise...
- Sec. 36. Principal And Agent
- The relation of principal and agent arises out of contract. T and W entered into an agreement with O to sell real estate for him within a certain time, and before the expiration of the time O requeste...
- Sec. 37. Partnership
- A contract whereby the obligors bind themselves to contribute certain moneys toward the purchase of land, does not constitute them partners so as to authorize one to select a trustee to take the title...
- Chapter VII. Sec. 38. Corporations
- Where defendants, who were two of the officers of a corporation, employed plaintiff to sell the corporate assets for a certain price, and he procured a purchaser, ready, willing and able to purchase a...
- Sec. 39. Husband And Wife
- One who negotiates a sale of land belonging to a husband and wife can not recover of the husband compensation for selling the wife's interest in the land, unless the husband agreed to pay therefor. Sp...
- Sec. 40. The Vendor
- Where a broker is employed to sell real estate he is the agent of the vendor. Gough v. Loomis, 123 Iowa, 642, 99 N. W. 295; Earp v. Cummins, 54 Pa. St. 394. If the vendor secretly pays a commission to...
- Sec. 41. The Vendee Or Purchaser
- Where a broker is employed to buy real estate he is the agent of the vendee. Marsh v. Buchan, 46 N. J. Eq. 595, 22 A. 128. Where a vendor under a contract for the sale of lands, which is within the s...
- Sec. 41. The Vendee Or Purchaser. Continued
- An agreement between the owner of real estate and an agent whereby the latter was appointed to collect rents, make necessary improvements, keep the property insured, pay the taxes and the expenses tha...
- Chapter VIII. Sec. 42. The Owner
- Where a non-resident owner employs a non-resident agent to sell real estate, the agent is authorized to employ a sub-agent. Eastland v. Maney, 36 Tex. Civ. App. 147, 81 S. W. 574. An owner writing to ...
- Sec. 43. Covenants
- If an agent in selling land adds covenants not authorized by his authority, the purchaser may enforce so much of the contract as conforms to the authority, or claim a revision of the whole, if the pri...
- Sec. 44. Conditional Contracts
- Where plaintiff in an action to recover commissions for procuring a purchaser for real estate proves the execution of the contract of purchase, which defendant claims was signed conditionally, the bur...
- Sec. 45. Condition Precedent To The Contract Of Sale Taking Effect
- A vendor may, if he is doubtful of the proposed vendee's ability to carry out his contract of purchase, accept the contract conditionally, and agree to sell, provided the purchaser proves able to perf...
- Sec. 46. Death, And Its Effect On Contracts
- An agency may be terminated by the death of the principal. Crowe v. Trickey, 204 U. S. 228, affirming 71 P. (Ariz.) 965; Crowe v. Harmon, 204 U. S. 241, affirming 71 P. (Ariz.) 1125; Kyle v. Gaff, 105...
- Sec. 47. Approval Of Principal
- One employed to sell land at an agreed price and who receives in part payment land of a certain character within a specified locality, can not recover commissions where the owner refuses to consummate...
- Sec. 48. Abbreviations
- Where the abbreviations used in a broker's authorization were such that parties familiar with land descriptions could understand them easily, their use did not render the authority void for uncertaint...
- Chapter IX. Sec. 49. Ambiguous Contracts
- Where letters from the owner of land to a real estate broker named terms of sale, and told the broker if he could effect sales the owner would be glad, but that the right to refuse offers was reserved...
- Sec. 49. Ambiguous Contracts. Continued
- The fact that a broker employed to effect a sale is a director in the corporation which he procures to buy the property, does not prevent him from recovering a commission, where the person who practic...
- Sec. 52. Caveat Emptor
- A purchaser of real estate is entitled to rely on the representation of the agent for the sale thereof as to its location, and is not bound by the doctrine of caveat emptor to make further inquiries a...
- Sec. 53. Credit
- An agent to sell land on credit has no implied authority to receive payment therefor, nor to receive payment before due, nor in anything but money. Mann v. Robinson, 19 W. Va. 49. Compare Sec. 335. A ...
- Sec. 54. Contingency
- In an action by a broker to recover commissions for selling land, evidence that the act of the defendant prevented the happening of the contingency on which payment was to be made was inadmissible, th...
- Sec. 55. Changes In Contracts
- A contract for the sale of lands was executed by the owner and left with his agent for the sale of such land for delivery to the purchaser, the agent altered the instrument by substituting the name of...
- Sec. 56. Counter Proposition
- A broker employed to procure a purchaser procured one who offered a specific sum, which the owner rejected; the owner made a counter-proposition which the purchaser rejected; thereafter the purchaser ...
- Chapter X. Sec. 57. Deeds
- Testimony that a deed was tendered to the principal in pursuance of an agreement between the parties is sufficient, prima facie, to sustain a finding that it was delivered within thirty days. Beebe ...
- Sec. 58. Deeds, Their Execution By Agents
- One who has authority from another to execute a deed or other instrument under seal, should do it in the name of that other, and not in his own name, even as agent. Robbins v. Butler, 24 I11. 428. If ...
- Chapter XI. Sec. 59. Description Of Property
- In a contract with a real estate broker for the sale of certain property, the description, My property, 48 Eldridge Court, is sufficiently definite to enable the broker to recover commissions, the c...
- Sec. 60. Drunkenness In Its Relation To Competency To Make A Contract
- Mere excitement from the use of intoxicating liquors is not such drunkenness as will enable a party to avoid his contract; such excitement and drunkenness must be excessive and absolute, so as to susp...
- Sec. 61. Fixed Price
- Where the principal makes a sale to a purchaser found by the broker, having availed himself of the broker's services, he is liable for the commission, although the sale is made at a lower price than t...
- Sec. 62. Guardian Of Minor Or Insane Person
- Where in employing plaintiff as a real estate broker to effect a sale of land, defendant acted as the guardian of a minor and had no personal or private interest in the property, all of which was know...
- Sec. 62a. Broker Not Entitled To Commission On Sale Made After Appointment Of A Receiver
- A broker can not recover on contract with owners of property, whereby he was to produce a buyer at stipulated price, where he knew that a Receiver had been appointed to sell the land at the time the b...
- Sec. 63. Undivided Interest
- Where a power of attorney authorized an agent to grant, bargain and sell certain lands, or any part or parcel thereof, for such sum or price, on such terms as to him shall seem meet, and for me and ...
- Sec. 64. Interest Of Tenant In Common
- Defendant was tenant in common of certain premises of which he wished to dispose, and employed plaintiff to sell his interest for him; plaintiff attempted to negotiate a sale to defendant's co-tenant,...
- Sec. 65. Contract Conditional On Securing Other Interests
- Where the real estate agents and the parties to the proposed exchange of properties understood that the agreement for the exchange, and any right to commissions, were dependent upon the defendants' ac...
- Sec. 66. Consolidation Of Interests Not A Sale
- Where, to acquire means of irrigation for lands so as to make them salable, they were transferred to a land irrigation company, the owner taking stock and bonds therefor, the transaction was a consoli...
- Sec. 67. Payment In Installments
- Where a vendor agreed to pay his agent's commissions for selling the land out of the purchase money as it was paid in proportionate amounts, and on foreclosure of the purchase money mortgage, the vend...
- Sec. 68. Introduction Of Prospective Purchaser
- A broker is not entitled to compensation for merely introducing the vendee, unless his character as such agent was disclosed to the principal at the time of contract. Keener v. Harrod, 2 Md. 63; Bassf...
- Sec. 69. Indirect Acts Of Broker Ineffectual To Establish Contractual Relations
- The owner of a house having received from his son a telegram asking his lowest price for the house, which was sent at the instigation of a real estate broker, answered stating the price he would take,...
- Sec. 69a. Indirect Sale Which Authorizes Commissions To Broker
- A broker indirectly interested the purchaser in the property, and so was entitled to the commissions provided for, though the sale was made by the owner, unless to one not interested in the property...
- Sec. 70. Information, Acted Upon By Broker, Not Establishing Contractual Relations
- Where the owners of real estate expressly refused to employ the plaintiff, a broker, in selling their property, it was held that the mere fact that the plaintiffs, after ascertaining the price charged...
- Sec. 71. Insurance Company, Broker Obtaining Loans From Not Agent Of
- The fact that a loan agent who is in the habit of sending applications to, and obtaining loans from, an insurance company as well as other parties, is the agent of such company for the purpose of proc...
- Chapter XII
- 72. Written proposition from proposer and acceptance by agent makes binding contract. 73. On failure of vendor to re-execute contract after purchaser materially altered, no meeting of minds. 74. Sig...
- Sec. 72. Written Proposition From Proposer And Acceptance By Agent Makes Binding Contract
- A written proposition to employ one as agent to sell land signed by the proposer and accepted by the agent, though not signed by him, makes a binding contract of agency enforceable against both. Rowan...
- Sec. 73. On Failure Of Vendor To Re-Execute Contract After Purchaser Materially Altered The Same, There Was No Meeting Of Minds
- Where a broker, in an action for services in procuring defendant a purchaser for land, claimed that both parties had signed and delivered duplicate contracts for sale, and defend-130 ant claimed that ...
- Sec. 74. Signature Of Principal By Agent, In His Presence, Is That Of Principal
- Where a principal's name is signed by the agent at the request of the principal, and in his presence, the signature is deemed that of the principal himself, since the agent does not act in that capac...
- Sec. 75. Signature Of Principal By Agent Should Be Followed By His As Agent
- Only the name of the principal should be used in the body of the instrument, as one of the contracting parties, the agent should then sign the principal's name to it, and then his own as agent. Mears ...
- Sec. 76. Signature Of B, As Attorney For Parties Of First Part, Failed To Bind The Principal
- Where a contract for the sale of lands stated in the body of it that it was made by the parties of the first part, without naming them, by B, their attorney, the concluding clause was, In witness whe...
- Sec. 76a. Agent Contracting As Principal Personally Liable As Such
- Where an agent contracts as principal, and does not disclose his agency, he is personally liable as principal. Loehde v. Halsey, 83 I11. App. 452. See also Secs. 43, 383. ...
- Sec. 76b. Broker Entitled To Commission From Fellow Broker On Sales Of Land For The Latter
- Defendant, a real estate agent, contracted with plaintiff, also a real estate agent, to pay plaintiff $1.25 per acre, or one-half of all commissions made by defendant, on all lands sold to purchasers ...
- Sec. 77. Signature Placed At Bottom Or Top A Sufficient Compliance With Statute
- The requirement of a statute that a contract for the sale of lands between a broker and the owner be subscribed by both parties is met when the signature of the parties is placed thereon to authentica...
- Sec. 78. Signature, The Word "Subscribed" Is Equivalent To "Signed"
- The word subscribed, as used in a statute requiring a contract for the sale of lands, between a broker and the owner, to be in writing, subscribed by both parties, is synonymous with the word signe...
- Sec. 79. In Some States A Contract To Divide Commissions With A Sub-Agent Must Be In Writing
- Burns' Anno. Stat. 1901, Sec. 6629a, declares that no contract for the payment of any sum as commissions for finding a purchaser for the real estate of another, shall be valid unless the same shall be...
- Sec. 79a. Unless Barred By Statute, Broker May Be Authorized By Parol To Make A Valid Contract To Sell Or Lease Real Property
- Except in those States where the statutes expressly require the authority to be in writing, an agent may be authorized by parol to make a valid contract for the sale or the leasing of his principal's ...
- Sec. 79b. In Certain States A Contract For The Sale Of Lands Must Be In Writing
- Alabama, Arkansas, California, Colorado, Illinois, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, Ohio and Pennsylvania. Mechem on Agency Sec. 89. ...
- Sec. 79c. Contract May Be Put In Writing After Performance
- Despite Civil Code, Sec. 1624, a memorandum providing for the compensation of a broker, executed after the services had been rendered, is enforceable in view of Secs. 1605, 1606. Car-rington v. Smithe...
- Sec. 79d. Action Ex Delicto Maintainable On Parol Contract
- Where an owner of real property sued defendant for fraud in preventing an exchange as her broker, it was not material whether defendant's contract was in writing, under Burns's Ann. St. 1908, Sec. 746...
- Sec. 80. Broker On Procuring Customer Sending Telegram To Owner, Telegraph Company Not Agent As To Notice
- The understanding that a real estate broker, on procuring a purchaser of land, should wire the owner, does not constitute the telegraph company the owner's agent, so that a notice to the company that ...
- Sec. 81. Telegram Must Reach Owner Before He Signs Contract With Another Or It Is Too Late
- In an action for commissions earned on a sale of land it appeared that plaintiff procured a purchaser who entered into a contract to buy, plaintiff notified the owner thereof by telegram the following...
- Part II. Options, Sales, Exchanges, Leases, Loans, Etc. Chapter I. Options. Sec. 82. Exclusive Contract To Sell And Take All Over Net Price, An Agency And Not An Option
- A contract providing that C should have the exclusive sale of K's land for sixty days at a sum named, commissions to be obtained above that sum, makes C the agent of K, and does not give him an option...
- Sec. 82a. Construed A Contract Of Sale And Not An Option
- A contract executed by the owner of land with one sent to him by a broker, held, a contract of sale with, at most, a provision for forfeiture, and not an option, as was intimated at his death, broker ...
- Sec. 83. Broker Employed To Secure An Option Entitled To Reasonable Compensation
- A broker employed, not to purchase property but simply to procure an option, and whose employer does not avail himself of the services to make a purchase, is entitled only to reasonable compensation, ...
- Sec. 83a. Option Contract Not Within Statute Of Frauds
- One negotiating to locate and obtain an option for the purchase of land for a lumber yard may recover, though the contract is not in writing, as is required by Burns's Ann. Stat. 1908, Sec. 7463, in c...
- Sec. 84. Option, Subject To Revocation, Makes Principal Liable To Broker On Finding A Purchaser
- Though the owner was at liberty under the agreement to sell the property himself, the mere fact that he had given a prospective purchaser an option on the property, subject to revocation by either par...
- Sec. 84a. Contract Of Agency To Sell Land May Give Broker Also An Option To Purchase
- A contract creating an agency to sell real estate may also give the agent an option to purchase. Shepard v. Pabst, 135 N. W. 158, 149 Wis. 35. ...
- Sec. 85. Broker Employed To Effect A Sale, Who Secures A Mere Option, Is Not Entitled To Commissions
- A broker employed to find an absolute purchaser at a specified price, on terms agreeable to the seller, has not earned a commission by procuring a person who is willing to execute a contract by which ...
- Sec. 85a. Contract Held To Be An Option And Not A Contract Of Brokerage
- A contract held to give a party the option to perform the contract in person or to assign it to a responsible person, and not a contract of brokerage. Hummel v. City Nat. Bank, 143 S. W. 374, 146 Ky. ...
- Sec. 85b. Broker To Procure Purchaser Procured Option; Death Of Owner Before Exercise Did Not Bar Broker's Commission
- Where broker employed to procure a purchaser of property procured a third person to take an option on the property. The death of the owner before the option was exercised did not affect the broker's r...
- Sec. 86. Broker Entitled To Commissions Where Customer Exercises Option By Purchasing The Property
- On the customer exercising his option by purchasing the property the broker's commission is due. De Wolf v. Wis. Lake Ice & Cartage Co. (Wis. Sup. '10), 124 N. W. 297; Block v. Ryan, 4 App. Cas. (D. C...
- Sec. 87. Where Principal Held Only An Option At Time Of Sale Does Not Defeat Broker's Right To Commissions
- The fact that the principal does not own the property which he employs the broker to sell, does not defeat the broker's right to compensation on procuring a purchaser. Smith v. Schiele, 93 Cal. 144, 2...
- Sec. 87a. Broker Procuring Customer To Exchange Who Defaults His Contract Entitled To Commission
- A real estate agent who, in good faith, secures for his customer an exchange of lands on terms embodied in a written contract, thereby earns his commission for securing such purchaser, although the tr...
- Sec. 88. Broker Who Took An Option Not Agent Of The Owner To Negotiate A Sale
- A real estate broker who took an option to purchase certain real estate at a stated price is not the agent of the owner for negotiating its sale. Southack v. Lane, 65 N. Y. S. 629, 32 Mis. 141; Hagone...
- Sec. 89. Exercise Of Option To Purchase Revokes Contract Of Agency To Sell Land
- A contract of agency for the sale of land is revoked by notice of the exercise of an option to purchase subsequently given. Faraday Coal & Coke Co. v. Owens, 26 Ky. L. E. 243, 80 S. W. 1171. ...
- Sec. 89a. Owner Giving Option Cannot Deprive Broker Of Right To Commissions Under His Contract
- Where a vendor has incurred liability to a real estate broker for commissions, he can not avoid it by notifying the broker, on the signing of an option, that he does not intend to pay a commission. Pe...
- Sec. 90. Agreement To Sell, Cash On Delivery Of Deed, Etc., A Mere Option And Not A Contract Of Sale
- An agreement to sell realty cash on delivery of deed, or one-half on time if terms can be agreed on, is a mere option and not a contract of sale. Wallace v. Figone, 107 Mo. App. 362, 81 S. W. 492; I...
- Sec. 90a. Held A Contract To Sell Real Estate, Although Word "Option" Is Used
- A contract which gives to a broker the exclusive right to procure a purchaser of real estate of the owner for a specified price, with the right to retain for his services any excess which the purchase...
- Sec. 91. A Sale Of Land By The Owner, Subject To Option, Does Not Constitute A Breach Of Contract
- If during the continuance of the option given to a real estate broker, the owner bargains the property to a third party contingent on the failure of the option holder to comply with the terms of the o...
- Sec. 92. Where Broker Sent Owner The Form Of An Option, Which He Executed, On Sale Broker Not Entitled To Commission
- Where a broker sent the owner of real estate a form of a purchase option, which the owner executed and a sale took place under the option, the broker was not entitled to recover commissions from the o...
- Sec. 93. Broker To Procure A Lessee Not Entitled To Commissions For An Option
- A paper signed by a principal and a proposed tenant stipulated, We agree to execute a lease of certain premises to such tenant from October or November, 1906, for seven years, at a rental of $18,000...
- Sec. 94. On Concluding An Option For Whole Tract, Owner Justified In Refusing Offer For Part
- Where plaintiff, pursuant to her employment to sell certain land for defendant, produced a purchaser who was willing to take an option on the land, defendants were justified in refusing to consider th...
- Sec. 95. Parties Taking Options At Liberty To Withdraw Before Contract, And No Commissions Are Earned
- Where the owner of certain land was willing to give a purchaser procured by plaintiff the privilege of buying, and the purchaser was willing to take an option, it would be presumed that the parties we...
- Sec. 96. When Option Was Exercised Broker Was Entitled To Commissions, Although Paid For Reselling Lease
- Plaintiff engaged by defendant to sell found no customer, but found a person who would take a lease with an option to purchase, and defendant agreed to this, and paid plaintiff a commission on the lea...
- Sec. 97. Contract Of Exchange Contingent On Encroachments Not Defeating Was A Mere Option
- In an action by a real estate broker for commissions for effecting an exchange of defendant's property, evidence that at or about the time of the signing of the contract of exchange, which stipulated ...
- Sec. 98. Co-Agent Not Bound By An Option Neither Given Nor Ratified By Himself
- A co-agent under a power to sell is not bound by an unauthorized option not given or ratified by himself, and, if he purchase the land for himself, can not be held as a trustee for the claimant under ...
- Sec. 99. Option And Title Bond Taken By Agent To Insure Sale, Do Not Affect Relationship Of Agency
- Real estate agents who take from the owner of lands listed with them for sale, an option and title bond to make certain that, if a sale is effected, it will be carried out without obstruction, are sti...
- Sec. 100. Option At Best Price Obtainable Means Satisfactory To Purchaser
- A contract of employment to obtain options on property stated that the options should be at a price at which the party for whom they were purchased may buy. Meld, that the intent of the parties was ...
- Sec. 101. Option Unexercised, Subsequent Sale To Party By Administrator, Broker Not Entitled To Commissions
- A broker who finds a person who takes an option on the purchase of certain mining property, which is not carried out, can not, where the owner dies before the option expires, recover his agreed commis...
- Sec. 102. Broker To Secure Two Options, Principal Tells Him Not To Act As To One, Breach Of Contract
- Where a party under a contract is to secure for a second party options on certain properties, and the second party directs him not to proceed in reference to securing an option on one of the properti...
- Sec. 103. Broker Not Entitled To Compensation For Securing Part Of Options
- Plaintiff and defendant entered into a contract whereby defendant agreed to pay plaintiff a certain sum if the plaintiff should secure certain options on ore land and on a majority of the stock of a c...
- Sec. 104. Broker Obtaining Price From Owner, Amounts Only To A Naked, Verbal Option
- Where a broker asks and obtains from the owner the price at which he would sell real property, without anything being said as to the broker's employment or compensation, and it does not appear that th...
- Sec. 104a. Holder Of Option Not Necessarily The Agent To Sell The Property
- A holder of an option contract on land is not necessarily the agent of the owner so as to render the owner liable for misrepresentation by him inducing a sale to a third person, and it is immaterial t...
- Sec. 105. Option Given And Extended, Broker Held As Acting In The Character Of A Purchaser
- In an action by a broker for commissions in procuring a purchaser of timber lands, it appeared that the broker, on learning that the property was for sale, looked it over at different times, and had a...
- Sec. 105a. Broker Given Option May Sell At An Advance Without Accounting To Owner Therefor
- A broker employed to procure a purchaser and given an option to purchase; held, entitled to exercise the option and convey the property to another at an advance, without being required to account to t...
- Sec. 106. Error To Prevent Defendant Showing How Option Was Finally Made To Purchaser
- Where, in an action by a real estate broker to recover commissions for finding a purchaser, defendant claimed that the sale was made through the efforts of another, it was error to sustain an objectio...
- Sec. 107. Defendants Giving Broker Option, Estopped To Say They Procured His Customer To Buy
- Where defendants gave plaintiff an option to effect a sale of coal property, if sold within a certain time, on a stipulated commission, and agreed to assist plaintiff in the sale thereof, defendants w...
- Sec. 108. Defendant May Show Purchaser Took An Option, And Did Not Intend To Buy Unless He Secured Adjoining Lot
- In an action by a broker to recover commissions for making a sale of realty defendant may show that plaintiff knew that the purchaser presented by him simply obtained an option, and did not intend to ...
- Sec. 108a. Broker To Sell Land Not Entitled To Commission After Principal Gives Option To Purchase
- Broker not entitled to a commission where employed to sell land, where his principal gives an option to purchase. Martin v. Wilson, 134 P. 532, 24 Idaho, 353. ...
- Sec. 109. Option As Only Agreement, What Owner May Show To Corroborate That Claim
- Where, in a suit for a commission for finding a purchaser for land, plaintiff alleged that the owner listed it with brokers, who listed it with plaintiff's firm, with the owner's consent, the owner co...
- Sec. 110. Option Held Not Expired When Sale Was Made By Owner
- In an action by a broker to recover commissions on a sale of land, evidence held to support a finding that an option authorizing plaintiff to sell the land, had not expired before the sale. Holbrook-B...
- Sec. 110a. Contract Held An Option And A Brokerage
- Agreement giving broker an option to purchase land at a specified price, and providing that a commission of 5% would be paid; held, to give broker not only an option to purchase, but a right to sell t...
- Sec. 110b. Option To Sell Realty Defined
- Option to sell realty given brokers provided it should remain in force for 90 days, and that if the owner sold within 90 days after expiration to one to whom the land was recommended by the brokers, t...
- Sec. 111. Error To Grant New Trial To Permit Setting Up The Exercise Of An Option
- Where, in an action for a broker's services in the sale of a mine, a non-suit was granted, by reason of the fact that an option to purchase negotiated by the broker had not matured when suit was broug...
- Chapter II. Sales Of Real Estate. Sec. 112. If Employment Does Not State Terms Of Sale Satisfactory To Principal Implied
- A real estate broker is not entitled to commissions for the sale of land unless he procures a purchaser who is able, ready and willing to complete a purchase on terms named, or which are, in the absen...
- Sec. 112a. Broker To "Sell" Property Does Not Mean To Convey It, Or Guarantee, Or Collect Deferred Payments
- Employment of a real estate broker to sell property on commission does not mean that he is required to convey it, or guarantee, or collect deferred payments. Payne v. Ponder, 77 S. E. 32, 139 Ga. 28...
- Sec. 113. A Broker Who Effects A Sale According To The Terms Of The Employment Is Entitled To Compensation
- Where property is placed with a broker for sale, he is not bound to consummate a sale or procure a purchaser upon the agreed terms, but when he does either his commission is earned. Walsh v. Hastings...
- Sec. 113a. Broker Entitled To Commission For Aiding In The Making Of A Sale
- Where defendant agreed to pay plaintiff a stipulated commission for his aid in selling land, and plaintiff, at defendant's direction, assisted in making a sale, he is entitled to his commission regard...
- Sec. 113b. Broker Entitled To Commission For Procuring Buyer Who Paid More Cash Than Required
- The procuring of a purchaser who agreed to pay a greater proportion of the price in cash than required by the brokerage contract; held, sufficient to entitle the broker to his commission. Paulsen v. R...
- Sec. 113c. Sale According To Terms But To Different Person Entitled Broker To Commission
- Where a broker notified the owner that he thought that a third person would purchase the property, and the owner authorized a sale at a specified price for a specified commission, the broker's authori...
- Sec. 113d. Broker To Sell Must Effect Sale Or Secure Binding Contract To Earn Commission
- A broker employed to sell, as distinguished from a broker employed to find a purchaser, is not entitled to compensation until he effects a sale or procures from his customer a binding contract of purc...
- Sec. 114. A Contract Of Sale May Be Established By Circumstantial Evidence
- Circumstantial evidence may be sufficient to establish a contract of sale when no objection is made to the competency of any portion of it. Chapin v. Bridges, 116 Mass. 105. ...
- Sec. 115. A Judicial Sale Producing Increased Price Entitled Broker To More Commissions
- Where land is bought at a judicial sale for a nominal sum by a third person who, pursuant to a guaranty made to the receiver pays a much larger sum for the property, the broker is entitled to commissi...
- Sec. 116. Broker Not Entitled To Commissions For Making A Nominal Sale
- A broker employed to sell property is not entitled to a commission where the transaction so far as it was effected by him did not amount to a sale. Viaux v. Old South Soc., 133 Mass. 1, 10; Cosgrove v...
- Sec. 117. Contract Of Sale Signed By Purchaser Prima Facie Evidence Of Readiness To Buy
- A contract of sale signed by a purchaser, unilateral when tendered to the vendor, is prima facie evidence of the purchaser's readiness and willingness to buy. Flynn v. Jordal, 124 Iowa, 457, 100 N. W....
- Sec. 118. An Enjoined Sale Does Not Deprive The Broker Of Commissions Earned
- A broker employed to sell real estate has discharged his duty when he produces a purchaser able and willing to buy upon the terms and at the price fixed by the seller, regardless of whether the sale i...
- Sec. 119. Broker Employed To Effect A Sale Not Entitled To Compensation Until Consummated
- In an action to recover the agreed compensation to be paid on the making of a sale or disposition of the property, a broker is not entitled to recover for merely finding a purchaser, when he failed to...
- Sec. 120. The Withdrawal Of Land From Sale Entitled Broker, Under The Contract, To Commissions
- By the terms of the contract of employment between the owner of land and a broker commissions became due upon withdrawal of the property from sale within a certain time. Held, that the notice recited ...
- Sec. 121. Transaction Whereby Properties Are Given For Others And Cash Difference Is A Sale
- A transaction by which certain pieces of property are given for others, a definite price being put on each and the difference paid in cash, is a sale and not an exchange. Thornton v. Moody, (Tex. Civ....
- Sec. 122. Sale Miscarrying Through No Fault Of Principal, Broker Not Entitled To Commissions
- Where the owner of land authorized real estate agents to sell land purchased by him, and informed them that he had no deed for the same, but held it under a contract, and the agents made a contract fo...
- Sec. 123. Sale By Wrong Description Bars Broker's Right To Commissions
- A real estate broker authorized to sell a tract of land spoken of by the owner as being his land on a certain canal, has no authority to sell it by any other description than that by which it was purc...
- Sec. 124. A Single Sale Of Real Estate Not Doing Business To Require A License
- One who, while engaged in other business, sells land for another, may recover his commissions, though he had not taken out a license as required of real estate agents, since a single sale does not con...
- Sec. 125. Owner Forced To Sell With Joint Owner Deprives Broker Of Commissions
- Where a landowner, who has engaged a real estate agent to sell land at a certain price, is forced to join with a joint owner to effect a sale and sell at a reduced price, the agent is not entitled to ...
- Sec. 125a. Transfer By Joint Owner Of Undivided Half Interest A Sale Entitling Broker To Commission
- The transfer of an undivided one-half interest in a farm by one joint owner to the other is not a sale of the farm contemplated in the reservation in the contract by the joint owners with a broker for...
- Sec. 126. Sale By Broker, Who Agrees Afterward To Resell, Not A Fraud On Seller
- A broker negotiated a sale of plaintiff's land to defendant, who had his deed made out to a third person, who afterwards conveyed to defendant; a few weeks after the sale defendant agreed to let the b...
- Sec. 127. Sale Ineffectual Where Broker Had No Authority To Make It
- In a suit for specific performance of a contract by C. as agent of defendant to convey certain lots, it appeared that the lots were situate in D., where such agent resided; that on March 30, 1889, def...
- Sec. 128. Advertisement On Land As For Sale By Agent Insufficient To Imply Right To Sell
- An advertisement put up upon land offering it for sale, and referring to the owner and another person, is not, in opposition to a denial by the owner of the agency of such third person, sufficient to ...
- Sec. 128a. Broker Not Entitled To Commission Where Purchaser Induced By A Catalogue And Not By Efforts Of The Broker
- Where a catalogue prepared by a real estate broker listing property placed in his hands for sale happened into the hands of a subsequent purchaser, to whom the broker made a fruitless effort to show t...
- Sec. 129. Authority To A Broker To Find A Purchaser Gives No Right To Make A Sale
- A letter to an agent saying: As you stated you could get $30,000 for the place you occupy, * * * and if you can, we will sell at that price * * * and allow you 2 1/2 per cent on said price, merely a...
- Sec. 130. Where Agent Buys At Inadequate Price, By Fraud, Contract Of Sale Will Be Set Aside
- Where an agent purchases property at a grossly inadequate price, by the concealment of facts and information relating thereto which he was bound to disclose, the sale will be set aside. Norris v. Tayl...
- Sec. 131. Agent Becoming Purchaser Unknown To Principal, Sale Will Be Set Aside
- Where an agent becomes the purchaser, without the knowledge of the principal, the sale will be set aside. Fisher's Appeal, 34 Pa. St. 29; Butler v. Haskill, 4 Desau. (S. C.) 651; Casey v. Casey, 14 I1...
- Sec. 132. Contract To Pay A Broker A Commission On Accepted Sale, Though No Effort Required, Upheld
- A contract to pay a broker a commission on any accepted sale procured by him will support a recovery for such commission, though it does not bind the broker to make any effort to sell. Brooks v. Leath...
- Sec. 133. Contract May Require Broker In Order To Earn Commissions To Effect A Sale At The Price Limited
- It is clearly competent for the owner and broker to agree that the latter shall have no compensation unless he shall effect a sale at the price limited, and the broker would be bound by such a contrac...
- Sec. 134. Sale At $350, When Contract Limited To $400, Did Not Entitle Broker To Commissions
- In an action for commissions for effecting a sale of a house for defendant, it appeared that defendant agreed to give plaintiff $75 if he should sell the house for $500 before a certain day, and $50 i...
- Sec. 135. Sale By Broker At $1,500, After He Said He Could Not And Asked Lower Terms, Unauthorized
- Where an agent authorized to sell for $1,500, if at once, stated he could not and asked for lower terms, and after a month with no other authority, he sold for $1,500, the sale was unauthorized. Matt...
- Sec. 136. Without A Special Contract, Broker To Find A Purchaser Requires A Sale To Be Entitled To Commissions
- A real estate broker employed by the owner, without any special agreement, to find a purchaser, is not entitled to claim commissions upon the price, although he finds a person willing to purchase upon...
- Sec. 137. Sale By One Of Rival Brokers Puts An End To Contract With The Others
- Owners of property often leave it for sale with several different brokers at the same time; in such cases the several brokers have concurrent authority to sell, but a sale by one of them, with the kno...
- Sec. 138. Whether Agent Was To Be Paid Commissions On Both Auction And Private Sales Question For The Jury
- The court properly charged that as there are different kinds of sales of lands, and if the contract does not specify the kind, it is for the jury to determine from the evidence and the letters forming...
- Sec. 139. Sale By Agent Of Property Acquired From Principal Liable To Latter For Profits
- Where a real estate agent makes a purchase of land of his principal, without his knowledge, using a third party as a medium through whom to secure a deed, and then sells the property at an advance, he...
- Sec. 139a. Party To Exchange Not Entitled To Recover Compensation Received By Broker From Other Party Thereto
- Where plaintiff fixed his own terms and employed defendant merely to procure acceptance, defendant being also the agent of the other party to the exchange, and known to plaintiff to be such, compensat...
- Sec. 140. Sale Without Written Authority Excepted From The Operation Of The Statute As To Employment Of Brokers
- Where, in an action by a broker for commission on a sale of real estate, defendant's answer admitted the employment of plaintiff as a broker, and it appeared that the contract of exchange of propertie...
- Sec. 140a. Contracts Held Not Within Statute Of Frauds
- The promise of a purchaser to pay half the commissions claimed by real estate agents of the vendor, the vendor denying he owed them anything, and stating that rather than pay them the trade would be o...
- Sec. 141. Sale By Second Agent To Client Of First, At Lower Price, Latter Not Entitled To Commissions
- A real estate agent employed to sell for a specific price is not entitled to his compensation on production of a person to whom the property is sold by another agent at a lower price. Wolff v. Rosenb...
- Sec. 142. Sale By Owner Before A Sale By Agent Bars Commissions
- An owner of land was solicited by plaintiffs to place it in their hands for sale, and wrote that he must have a certain fixed price for the land, and that plaintiffs could have all they could get over...
- Sec. 142a. Broker Entitled To Commission For Sale Made By The Owner
- A stipulation in a broker's contract for compensation in the event of a sale by the owner himself is valid, where the broker has used ordinary diligence to make a sale of the property. Fut-rell v. Ree...
- Sec. 142b. Broker Not Entitled To Commission On Sale By Owner After End Of Employment
- Broker not entitled to a commission upon a sale of the property by the owner after the time allowed the broker for procuring a purchaser, though sale afterwards resulted from broker's offer. Slotboom ...
- Sec. 143. Where Vendor And Customer Disagree As To Terms Of Sale, And Broker Acquiesces, Bars Commissions
- A real estate agent is not entitled to commissions for a sale of land, where, before the completion of the sale the parties disagree as to terms, and the transaction is considered at an end, if the ag...
- Sec. 144. Sale For Cash Is Complied With By Broker Selling To Be Paid On Execution Of Deed
- Where the terms of a contract between the owner of land and a broker who was to procure a purchaser, required a cash provided that if the owner desired to retain possession for a time he could do so b...
- Sec. 145. Broker Selling Contract Of Sale, Vendee Refusing To Assign, Entitled To Commissions
- Where plaintiffs were employed as brokers to sell a contract for the sale of real estate at a profit of $1,000 net to their clients, and they produced a purchaser ready, able and willing to take the c...
- Sec. 146. Sale Of Public Land, Broker To Recover Commissions Must Show He Effected Attendance Of Purchaser
- Where a real estate broker claims compensation for securing the attendance of a purchaser at a public land sale, he must at least show he had some effect upon the purchaser's attendance. Perkins v. Un...
- Sec. 147. Plaintiff To Plat And Sell, And Pay $150 An Acre To Defendant, Was A Contract For The Sale Of Lands
- A contract whereby defendant agreed to sell plaintiff, or his assigns, certain lands for $150 per acre, plaintiff to plat the land and sell it, and to pay the proceeds to defendant until the latter ha...
- Sec. 148. Broker Failing To Sell, And Owner By Reducing Price Selling To Customer, Not Entitled To Commissions
- Where a broker's efforts to procure a purchaser fail, because of the purchaser's refusal to purchase on the terms fixed by the broker, and the negotiations between them are broken, the fact that the o...
- Chapter III. Exchanges Of Real Estate. Sec. 149. In Estimating Commissions On An Exchange, The Actual And Not The Trade Value Is The Basis
- In estimating the commissions for a sale of real estate, where part of the price was paid in town lots, the actual and not the trade value of the property should be considered. Boyd v. Watson, 101 Iow...
- Sec. 150. Broker To Effect Exchange Ordinarily Entitled To Commissions On Execution Of Contract Therefor
- A broker employed to effect an exchange of land ordinarily becomes entitled to a commission upon the execution of a contract therefor. Blaydos v. Adams, 35 Mo. App. 526; Shanks v. Michael, 4 Cal. App....
- Sec. 151. Broker May Recover Commissions For Effecting An Exchange Though Property Received Not Discussed In The Negotiations
- Where a vendor employs a broker to bring about an exchange of realty, and the broker brings the owner and another together, 166 he may recover his commissions on an exchange, although the property rec...
- Sec. 151a. Broker Not Entitled To Commission On Exchange Effected With His Customer By Another Broker
- A broker can not recover commission where he introduced a party for the purpose of effecting an exchange of property, and thereafter an exchange is made to such purchaser by another broker for differe...
- Sec. 152. Where Principal Receives Good Title To Property Conveyed Cannot Defeat Broker's Commissions For Exchage
- Where the principal in an exchange of property actually receives a good title to the property conveyed to him, he can not defeat an action by his broker for commissions on the ground that his contract...
- Sec. 153. Broker Supplying Person Willing To Exchange Must Show Customer Able Before He Can Recover Commissions
- A real estate agent who finds a purchaser on the terms fixed by the owner of the property, such purchaser being ready, willing and able to take a conveyance and pay the purchase price, has earned his ...
- Sec. 154. That Customer Does Not Own Property Offered, No Ground For Principal's Refusal, Where He Has A Contract For The Purchase Of The Land, To Exchange
- Although the customer does not own the fee of the property offered by him, this is insufficient ground for the principal's refusal to make the exchange, where the customer has a contract for the purch...
- Sec. 154a. That He Owned Only Half Interest In Property No Excuse For Failure To Pay Broker
- Fact that one who engaged a realty broker to sell land owned only a half interest was no justification for his failure to convey title, and excusing his refusal to pay the broker who procured a purcha...
- Sec. 155. That Land Was Conveyed To Customer In Fraud Of Grantor's Creditors No Ground For Refusal To Exchange
- The fact that the land was conveyed to the customer in fraud of his grantor's creditors, where such grantor had an absolute title, is no ground for the principal's refusal to complete the exchange, wh...
- Sec. 156. To Recover Commissions For An Exchange Which Fails By Defect In Customer's Title, The Broker Must Have Acted In Good Faith
- To entitle a broker to a commission, where the exchange falls through because of a defect in the customer's title, the broker must have acted in good faith. Games v. Howard, 180 Mass. 569, 63 N. E. 1...
- Sec. 156a. Broker To An Exchange Required To Act In Good Faith To Both Parties
- A broker for both parties to an exchange of land owes to each the same good faith that he would have owed to either had he been a single agent. Daugherty v. Stocks, 172 S. W. 616, 185 Mo. App. 541. Br...
- Sec. 157. Broker Does Not Earn Commissions For An Exchange By Producing An Irresponsible Customer
- A broker employed to carry out an exchange of lands does not earn his commissions, where he brings to his employer a person who assumes to contract as owner, although he is not, of which fact the brok...
- Sec. 157a. To Earn Commission, Broker Must Produce One Willing To Exchange On Stated Terms
- A broker employed to procure a person ready, able and willing to contract for an exchange of real estate on terms satisfactory to both parties to the exchange, is not entitled to a commission unless h...
- Sec. 158. Ability To Make Exchange Does Not Depend On Financial Responsibility But On Ownership Of The Property
- The broker must show that the purchaser is able to make the exchange, and this ability is not proved by the mere production of deeds on his part, without some showing that he also had title to the pro...
- Sec. 158a. Purchaser Financially Able, Though He Had To Borrow Part Of Purchase Money
- That a customer procured by a real estate agent was financially able, so as to entitle a broker to a commission, is sufficiently shown by the fact that he bought on the authorized terms, though he had...
- Sec. 159. Formal Contract To Convey Property In Exchange Not Sufficient Prima Facie Evidence Of Title Thereto
- The customer's ability is not proved by the mere production of deeds on his part, without some showing that he also had title to the property he was willing to deed. Herscher v. Wells, 103 I11. App. 4...
- Sec. 160. Petition Alleging Failure To Make Exchange Defective In Alleging Contract To Procure A Purchaser
- Where a petition alleges the failure of defendant to make an exchange of property procured by the plaintiff, it was held defective in alleging a contract to procure a purchaser, with an implied contr...
- Sec. 161. Deed Of Conveyance Competent To Prove Exchange
- The defendant having assented to the terms of the written agreement to exchange, the agreement and the deed of conveyance were competent evidence of the sale and the consideration thereof. Hewitt v. B...
- Sec. 162. Participating Without Employment In An Exchange, Broker Not Entitled To Commissions
- One participating without employment or authority in a transaction resulting in an exchange of property is not entitled to a commission. Merrill v. Latham, 8 Colo. App. 263, 45 P. 524. See also Sec. 1...
- Sec. 163. One May Recover From Party In Default In An Exchange The Commissions Paid To The Broker
- Where an owner of real estate has contracted to exchange it for property owned by another, whom a broker he employed has produced, the contract providing that the land should he conveyed by each to th...
- Sec. 164. Where Pieces Of Property Are Given For Others And The Difference Paid In Cash, A Sale And Not An Exchange
- A transaction by which certain pieces of property are given for others, a definite price being put on each, and the difference paid in cash, is a sale and not an exchange. Thornton v. Moody (Tev. Civ....
- Sec. 165. Broker Making Exchange, Where Principal Made Contract, Not Responsible For Misrepresentations Made In Good Faith
- Where a real estate broker employed to sell land negotiates an exchange for other lands, his principal making the contract, there is no legal duty devolving upon the broker to ascertain correctly the ...
- Sec. 165a. Broker Entitled To Commission For Exchange With Person Purporting To Be Agent Of Another
- That the broker employed to procure an exchange of property for defendant produced a person purporting to act as agent, with whom defendant effected an exchange, the broker could recover commissions w...
- Sec. 165b. Broker Not Entitled To Commission Where Party To Exchange Was Irresponsible
- An agent held not entitled to a commission for procuring a contract for an exchange of certain properties, where it appeared that the contract had been fraudulently altered by the agent, and that the ...
- Sec. 166. Error To Prevent Defendant Showing That Broker To Effect Exchange Was Secretly Employed By Other Party
- In an action by a real estate broker to recover commissions on an exchange of property effected by him, it appearing that plaintiff was in the employ of both parties to the exchange, the court erred i...
- Sec. 167. Power To Sell Land Does Not Include Power To Lease Or Exchange It
- A power to sell land does not include the power to lease or exchange it. Trudo v. Anderson, 10 Mich. 357; Lampkin v. Wilson, 5 Heisk. (Tenn.) 555; Reese v. Medlock, 27 Texas 120; Lucas v. County Rec. ...
- Sec. 168. Styling Himself Agent For Others In A Contract Of Exchange Bound Himself
- Where a person in a contract for the exchange of lands styled himself agent for others, but without stipulating in their names or undertaking to bind them as their agent, it was held that he was nam...
- Sec. 169. Exchange Made By Owner And Broker Did Nothing, Latter Not Entitled To Commissions
- A broker can not recover on a contract that he should have commissions for effecting an exchange of property with another, where he did nothing under the contract and does not show that he was excused...
- Sec. 169a. Introducing Broker To An Exchange Held Not En-Titled To Commission When Effected By Another
- Plaintiff, who introduced defendant to the owner of city property, for which defendant afterwards exchanged his land; held, not entitled to a commission where, on the first proposal, defendant refused...
- Sec. 170. Where An Exchange Was Wrongfully Broken Off By Principal, Broker Entitled To Commissions
- Plaintiff, employed by defendant to sell or trade certain land for him, procured an agreement for a trade with the owner of other lands, but, before the deeds were delivered by the parties, on plainti...
- Sec. 171. Meaning Of Term "Net Rental" Of Property Received In Exchange
- Where a contract between the owner of property and a broker who undertook to bring about an exchange for certain other property, provided that such property should have an annual net rental of a speci...
- Sec. 172. Broker For Compensation Has No Interest Or Title In Either Of The Properties Exchanged
- A broker bringing about an exchange of properties between the owners thereof, pursuant to an agreement with one of them stipulating that he will pay to the broker certain sums on the signing of a cont...
- Sec. 173. Mere Offer By Other Party To Pay Broker Does Not Show Employment Where Broker Did Not Accept
- A statement by one party to an exchange of real estate that he had offered to pay the broker employed by the other party a commission does not show that the broker accepted employment by both parties,...
- Sec. 174. Agreement By Broker To Wait For Payment Of Accrued Commissions Unsupported By A Consideration
- In an action by a broker to recover commissions on an exchange of property effected by him, whether a written agreement by plaintiff to wait for his commissions until title closed, was signed before o...
- Sec. 175. Broker Effecting Exchange Entitled To Commissions Although Terms Were Changed By The Parties
- A broker employed to procure a purchaser for premises at a specified price, part cash, and the balance secured by mortgage, procured a third person to enter into a contract with the husband of the own...
- Sec. 175a. Broker Barred Commission Where He Fraudulently Altered The Contract
- Broker not entitled to a commission for procuring an exchange where the contract was fraudulently altered by him. Van Horn v. Wetterhold, 154 P. 270, 97 Kan. 126. ...
- Sec. 176. Contract For Effecting Exchanges Held To Be Severable
- Evidence was held conclusive that a contract by which appellant agreed to pay respondent a commission of one dollar per acre for procuring contemplated exchanges of real estate, was not an entire but ...
- Sec. 177. Exchange Defeated By Existence Of Lease Broker Not Entitled To Commissions
- Plaintiff, a real estate broker, secured a customer to take defendant's premises in exchange for his own, and to pay defendant for the difference in the value of the equities; no time was stipulated a...
- Sec. 177a. Broker Entitled To Commission For Exchange Defeated By Failure To Pay Off Liens
- Where no time was fixed, a party to a contract for an exchange of lands has a reasonable time to satisfy liens, and the broker who effected an exchange can not be denied commission because one party d...
- Sec. 178. Interfering Broker Not Entitled To Commissions For Effecting An Exchange
- A letter containing an offer for certain real estate was sent to the supposed owner thereof, who turned it over to a broker; the latter forwarded it to the real owner, with a letter suggesting that sa...
- Sec. 179. Exchange Defeated By Failure To Furnish Abstract Of Title, Broker Not Entitled To Commissions
- Plaintiff, employed by defendant to find a purchaser for a stock of goods, found a person who was willing to buy, if real estate which he had was accepted in payment; defendant made a written proposit...
- Sec. 180. Purchaser Able To Give Title To Property Offered In Exchange, Broker Entitled To Commissions
- A broker procuring a purchaser able to give title to the property agreed on to be conveyed by him as part of the trade, on the day fixed to carry out the trade, is entitled to his commissions, though,...
- Sec. 180a. Broker Not Entitled To Commission For An Exchange Where Party Did Not Have Title To Land
- Broker not entitled to commission for an exchange which failed because one of the parties did not have title to the land. Snyder v. Fidler, 112 N. W. 546, 135 Iowa, 304. ...
- Sec. 181. Mistake In Description Defeated Broker's Right To Commissions For Effecting An Exchange
- Defendant agreed to pay plaintiff a commission for finding a purchaser with whom he could exchange his stock of goods for land, and the plaintiff secured a contract with P. to exchange a certain tract...
- Sec. 182. Failure Of Conditional Agreement In Contract Of Exchange Defeated Broker's Right To Commissions
- Where a real estate agent and the parties to the proposed exchange of properties understood that the agreement for ex-change, and any right to commissions, was dependent on defendants acquiring outsta...
- Sec. 183. Misrepresentation By Agent To Effect Exchange Defeated Right To Commissions
- Where a real estate agent, acting for both parties with their knowledge and consent in an exchange of lands, misrepresented to one of the parties that the other was the owner of a certain farm and rat...
- Sec. 183a. Broker Not Entitled To Commission For Exchange Which Failed, Property Being Homestead, And Wife Not Joining In The Contract
- Broker not entitled to a commission for exchange which failed, one of the properties being a homestead and wife not joining in the contract of exchange. Laubscher v. Mixell, 153 N. W. 335, 171 Iowa, 8...
- Sec. 184. In Action For Commissions For An Exchange, Receipt In Another Transaction Inadmissible
- In an action by real estate brokers for a commission for negotiating an exchange of defendant's property, which defendant refused to carry out, a receipt given by one of the plaintiffs to defendant fo...
- Sec. 185. Exchange For Certain Amount To Boot, Broker Entitled To Commissions Upon Whole Value Of Property
- Where a broker is entitled to commissions on a sale of real estate, and the land is disposed of by an exchange for a certain amount to boot, his commission is to be estimated upon the whole value of t...
- Sec. 186. Broker Entitled To Commissions On Effecting Binding Contract For An Exchange
- Where defendant, through an offer by plaintiff, after examination of a parcel of land, executed a contract with its owner to exchange his realty for such parcel, but afterwards refused to execute a de...
- Sec. 186a. Broker Fairly Securing Agreement For Exchange Entitled To Commission
- Broker securing agreement for an exchange, as there is no showing that it was obtained by duress, menace, etc., entitled to recover his commission. Lunden v. Ottis, 128 P. 335, 164 Cal. 183. ...
- Sec. 187. Broker Barred Commissions On Failure Of Exchange On Account Of Encroachments
- Where defendant entered into a contract for the exchange of real estate, provided that if the other party to the agreement rejected the title on the ground of bay-window and stoop-ledge encroachments,...
- Sec. 188. Broker Entitled To Commissions On Producing One Willing To Exchange
- Where a broker was employed to procure a purchaser or one willing to exchange property, his contract was performed when he procured a purchaser able and willing to purchase or exchange, and the fact t...
- Sec. 189. Proof Necessary For Broker To Recover Commissions On Failure To Consummate Exchange
- An owner employed a broker to procure a purchaser for his land on specified terms; the broker produced a third person who offered to buy and to convey certain lands in exchange therefor, and to pay a ...
- Sec. 190. Execution Of Contract To Convey Prima Facie Evidence Of Title Thereto
- Proof that a party has executed a formal contract to convey certain property in exchange for other property is sufficient prima facie evidence of his title thereto, in an action by a broker for commis...
- Sec. 191. Broker Earns Commissions When Both Parties Agree On The Terms Of An Exchange
- A broker employed to secure an exchange of land for a stock of merchandise earns his commissions, when the owner of the stock and the owner of the land procured by the broker agree on the terms of exc...
- Sec. 191a. Broker May Recover Commission For Exchange Though Contract Not In Writing
- Sec. 640d of the Code (Laws 1901, p. 302, c. 128), making the offering of real property for sale, without written authority from the agent or his attorney in fact, a misdemeanor, being unconstitutiona...
- Sec. 192. Broker's Right To Commissions Not Affected By Failure Of One Party To Perform Contract Of Exchange
- A broker's right to commissions for procuring the execution of a contract for an exchange of property being absolute, when the written contract of exchange was entered into, was not affected by the no...
- Sec. 192a. When Party Withdrew Offer To Exchange, Broker Not Entitled To Commission
- If one party withdrew tentative offer for exchange of lands, broker could recover no commissions for procuring the contract. Britton v. Eagan, 196 S. W. 972, - Tex. Civ. App. - . ...
- Sec. 193. Failure To Secure Transfers By Parties To Exchange Defeated Broker's Right To Commissions
- An owner employed a broker to procure a purchaser for described real estate for a specified sum at a stated commission; the broker procured a third person to make an offer which the owner accepted, an...
- Sec. 194. Value Of Land Exchanged Shown To Enable Jury To Determine Whether Commission Earned And How Much
- Where, in an action by a broker for commissions, the evidence showed that he was to receive $2 per acre from the owner, if he received for his land $16 per acre, or the amount per acre in excess of $1...
- Sec. 195. Broker Not Entitled To Commissions For Effecting An Exchange Where Party Does Not Show Good Faith
- A contract of exchange negotiated by a broker incompletely executed by the broker's principals, does not show willingness to perform by the alleged purchaser, where the form of the contract and the wh...
- Sec. 195a. Broker Not Entitled To Commission For Exchange Where Liquidated Damages Fixed For Breach
- Provision in a contract for exchange of lands for liquidated damages in case of non-performance let in an attorney's form of agreement into the option so as to defeat a broker's right to commissions f...
- Sec. 195b. Broker Effecting Exchange May Recover Commissions From Both Parties Thereto
- A broker employed to bring about an exchange may recover commissions from both sides. Conner v. Munsees, 145 N. Y. Sup. 891. A written agreement for the exchange of real property can not be avoided by...
- Sec. 195c. Broker Not Entitled To Commission For Exchange Not Completed Because Of Flaw In The Title
- A broker who brought the parties together, and, upon a flaw being found in the title of lands of one party to the exchange, did nothing more than to await the outcome of supposed efforts to cure the t...
- Chapter IV. Leases. Sec. 196. Value Of Services Of Broker In Negotiating Leases
- The value of the services of a real estate broker for negotiating a lease can not be measured by the value of the fee, regardless of the terms of the lease. Daube v. Nessler, 50 I11. App. 166; Grosscu...
- Sec. 197. Lessor Can Not Arbitrarily Refuse To Accept Lease And Defeat Broker's Right To Commissions
- Under an agreement to pay commissions for negotiating a satisfactory lease, the lessor can not arbitrarily refuse to accept a lease negotiated and thereby defeat a claim for commissions. Mullaly v. ...
- Sec. 198. Broker To Sell, Securing One Willing To Lease, Not Entitled To Commissions
- An agreement to pay a commission to a real estate agent if he should find a purchaser for certain real estate does not entitle him to recover when he only finds a person who is willing to take a lease...
- Sec. 198a. Broker To Secure Lessee, Whose Customer Bought, Not Entitled To Commission
- Where a broker procures a prospective lessee for property and introduces him to the owner, and in the subsequent negotiations between such prospective lessee and the owner a sale of the property is ag...
- Sec. 199. Option At Specified Rental Not Exercised By Taking Lease At A Lower Rental
- An option to take a lease at a specified rental is not exercised by securing a lease at a lower rental. Curtis v. Nixon, 24 L. T. E. (Eng.), N. S. 706. See also Sec. 101. ...
- Sec. 200. Lease, With Privilege Of Purchase, Held Equivalent To A Sale
- A contract which ran for one year, provided that if plaintiff, a real estate broker, effected a sale of defendant's property, he was to receive a certain commission, and in case a sale was made withou...
- Sec. 201. Charge Properly Refused Which Implied No Leases Were Made Without A Broker
- In an action to recover brokerage for effecting a lease of real property, plaintiff did not allege that he had been employed by defendant, but alleged that defendant accepted plaintiff's services, wit...
- Sec. 202. Power To Sell Does Not Include Power To Lease
- A power to sell land does not include the power to lease or exchange it. Trudo v. Anderson, 10 Mich. 358; Lampkin v. Wilson, 5 Heisk. (Tenn.) 555; Reese v. Medlock, 27 Texas 120. ...
- Sec. 203. Agent Of Lessee Secretly Securing New Term To Himself Holds As Trustee
- A confidential agent of the lessee, before the lease expired, secretly procured a lease for a new term to himself, at a larger rent, denying to the principal that he was competing for the lease. Held,...
- Sec. 203a. Broker Entitled To Commission For Lease When That First Proposed To Which He Was A Party Was Not Made
- That broker, with third person, proposed to enter into a lease of his client's property, but did not complete the transaction, will not prohibit recovery of commission for negotiating later a lease wi...
- Sec. 204. Broker Entitled To Commissions For Finding A Responsible Lessee On Prescribed Terms
- To entitle a broker to commissions for finding a lessee, he must procure a customer able, ready and willing to take the premises oh the terms proposed by the principal. Clark v. Dayton, 87 Minn. 454, ...
- Sec. 204a. To Earn Commissions For Procuring Tenant Broker Must Negotiate A Lease Which The Principal Can Perform
- To entitle a broker employed to procure a tenant for real estate to commissions, he must negotiate an agreement for a lease which his principal can perform. Mann v. Criswold, 112 NT. Y. S. 271, 59 Mis...
- Sec. 205. Power To Do All Things Concerning My Real Estate Confers Authority To Lease
- A power authorizing an attorney to superintend my real and personal estate, to make contracts, and in general to do all things that concern my interest in any way, real and personal, whatsoever, etc...
- Sec. 206. Waiver Of Tenant's Privilege Of Renewal Of Lease, Secured By Agent, Binds Principal
- Where a landlord accepted the waiver of the tenant's privilege of renewal procured by his agent from the tenant, and acted upon the same, he was estopped to deny the agent's authority in the premises....
- Sec. 206a. Broker Barred Commissions Where Lease Was Not Renewed
- A contract to pay a broker a commission upon the rent under the renewal of a lease, if the tenant exercised his option to renew, does not entitle the broker to the commission where the tenant failed t...
- Sec. 207. Broker Employed To Collect Rents Not Entitled To Commission For Securing A Lease
- A real estate agent employed to collect the rents on a lease taken in his name for the owners, but not negotiated by him, is not entitled to a commission for the whole life of the lease, but only to c...
- Sec. 207a. Broker Entitled To Commission For Lease, Although Tenant Defaulted In Payment Of Rent
- Where defendant agreed to pay a broker $500 if he sold a lease for $1,500, and the broker produced a purchaser who paid $1,500 for an assignment, but was unable to comply with the further agreement, t...
- Sec. 208. Broker For Tenant Has No Claim On Lessor For Commissions
- A real estate broker who, at the inception of negotiations for a lease, and during their continuance, represented the tenant and not the lessor, has no claim on the latter for commissions. Blake v. St...
- Sec. 209. Broker To Procure A Lessee Not Entitled To Commission For Procuring A Mere Option
- A real estate agent employed to lease property procured a proposed lessee to sign a paper reciting the payment of money on account of a deposit to be paid on the signing of a proposed lease, but such ...
- Sec. 210. In Action By A Broker For Commissions, Owner Can Show Previous Lease To Another
- Where, in an action by a broker for commissions alleged to have been earned in procuring a tenant for defendant's property, there was no showing as to the character or business of the tenant claimed t...
- Sec. 211. Broker Bound By First Claim For Commissions For Lease And Can Not Increase Amount
- Where the plaintiff testified that he told defendant what the commission would be for a lease of his property, but was silent as to what the commission was, and the defendant said that the first claim...
- Sec. 212. Broker Securing Lease For Five Years, And Sale At Second Year, Loses Commissions For Three Years
- Where plaintiff procured a tenant for defendant for a term of five years, the lease providing that if the property was sold, it should be ended, and the property was sold at the end of the second year...
- Sec. 212a. Lease To Another Party Not The Exercise Of Renewal And Barred Broker's Right To Commission
- A new lease executed by a landlord to a different corporation; held, not the exercise of an option to renew contained in a former lease, and hence plaintiff, a broker, who procured the latter and was ...
- Sec. 213. Where Lease Forbade Sub-Letting, Oral Assent Of Agent Therefor Unavailing
- Where a written lease forbids sub-letting, the oral assent of the landlord's agent to such sub-letting, without any new consideration with the landlord is unavailing. Spota v. Hayes, 73 N. Y. S. 959, ...
- Sec. 214. Lease By Owner After Broker's Contract Ended Deprives Him Of Commissions
- Defendant, the owner of a building, informed plaintiff, a real estate broker, that he desired a tenant, and stated that plaintiff should bring him an offer, if plaintiff could get one; plaintiff then ...
- Sec. 214a. Where Tenant And Owner Made Lease, Broker Barred Commission
- Broker not entitled to a commission for a lease brought about by the tenant and defendant. Weinberg v. Smith, 152 N. Y. Supp. 1030. ...
- Sec. 215. Broker Bringing About The Sale Of A Lease Entitled To Commissions
- One employed by the owner of a lease to negotiate a sale thereof, who begins negotiations which finally result in a sale as authorized, may recover compensation accordingly. North-rupp v. Biggs, 128 M...
- Sec. 216. Broker Not Entitled To Commissions Where Sale Of Lease Frustrated By Lessor's Refusal To Assign
- Where plaintiffs were employed to sell a dairy on certain terms and obtained a purchaser conditioned that the vendor's lessors would consent to assign their lease, and the landlords refused so to do, ...
- Sec. 216a. Broker Held Not Entitled To Commissions Where Plaintiff Refused To Make Lease
- A real estate broker said to one of defendant's officers that he could rent defendant's building for a treater, provided defendant would make certain changes. Several interviews followed, and plans of...
- Sec. 216b. Broker Barred Commission When Building Destroyed Before Lease Was Signed
- An owner agreed to pay a commission for procuring a tenant for a building to be erected, payable upon the signing of the lease, and which contract for a lease, binding the tenant procured by plaintiff...
- Sec. 216c. Broker Earned Commission For Lease Which Failed Because Husband Did Not Sign It
- Where a broker employed by a married woman to procure a lessee on her separate real estate procured a lessee willing to lease the property on the terms specified, that she must execute a lease in whic...
- Sec. 216d. Broker Barred Commissions Where Lessee Failed To Give Satisfactory Security
- Plaintiff broker procured a contract for a lease, in which a contractor joined, agreeing to make alterations for a prospective lessee, on his furnishing security, was not entitled to commissions where...
- Sec. 217. Where Lease Was To Highest Bidder, Broker Preventing Bidding Not Entitled To Commissions
- A broker does not earn a commission for obtaining a lease of property from the city, where he was not the procuring cause thereof; it was required to be let to the highest bidder, whereas the only ser...
- Sec. 218. In Action For Commissions For Securing A Lease, Defendant Can Show Contract Was Merely Tentative
- In an action for commissions for procuring a contract for a lease, defendant might show as against the plaintiff by parol, that the contract was merely provisional, did not express all the terms of th...
- Sec. 219. Finding For Plaintiff As Procuring Cause Of The Lease Excludes Co-Operation
- A finding for plaintiff, on the question whether he was the procuring cause in effecting a lease, excludes the idea that any other agency co-operated to bring about that result. Bumfield v. Pottier, e...
- Sec. 220. Broker To Secure Lease For Eight Years, To Earn Commissions Must Secure One For That Time
- A broker was employed to obtain a lease for at least eight years of premises in which to conduct a certain business; he obtained a lease on premises owned in part by infants, the youngest of whom woul...
- Sec. 221. Lessor's Rights Under A Receipt Not Affected By Secret Understanding Of Broker With Tenant
- Where lessors were induced to execute a lease to a tenant procured by the lessor's broker, on receiving the broker's receipt for his commissions from the tenant, any agreement between the broker and t...
- Sec. 221a. Broker Entitled To Commissions On Furnishing A Satisfactory Tenant
- For a broker to be entitled to commissions for procuring a tenant, he must present a satisfactory person, who is ready, able and willing to enter into a lease proposed by the owner, and that the busin...
- Sec. 221b. Lessee Procured By Broker Making Lease With Co-Lessee; Commissions Earned
- That lessee procured by a broker executed a lease with other persons as co-lessees, whom the broker did not secure, will not defeat the broker's right to commissions. Stineman v. Gottschalk, 167 P. 55...
- Sec. 221c. Acceptance Of Lease By Owner's Lawyer Entitled Broker To Commission
- Where plaintiff engaged by defendant to procure a lease called up the owner, who referred him to a lawyer, from whom defendant procured oral acceptance of terms offered by defendant, commission was ea...
- Sec. 221d. Lease Secured In Violation Of Instructions Did Not Bar Broker's Right To Commission
- Where owner of premises employed a broker to negotiate a lease for premises at increased rental, with specific instructions not to approach the present tenant whom he wished to retain, if possible, bu...
- Sec. 221e. Defendants Held Not Entitled To Any Part Of Commission Paid To Other Broker For Lease
- In an action between brokers as to right to commissions for procuring a lease, which did not provide for giving of bond by tenant with respect to contemplated demolition of building; that defendants w...
- Sec. 221f. Broker Not Entitled To Commission For Securing Irresponsible Lessee
- In an action for broker's commissions on an alleged procurement of a lessee, where it was shown that the proposed lessee was not able to perform, his total assets being insufficient to cover the cash ...
- Chapter V. Loans On Real Estate. Sec. 222. One Employing A Broker To Obtain A Loan, Without Disclosing The Owner Of The Land, Liable For Commissions
- One who procures a real estate broker to obtain a loan on land, without disclosing the name of the owner of the land for whom the loan is intended, makes himself liable for the value of the broker's s...
- Sec. 223. Broker To Be Paid Commissions From Proceeds, Not Entitled Thereto Where Loan Is Refused For Bad Title
- Under a complaint alleging that plaintiff was employed by defendant to procure a loan on real estate, for which defendant promised to pay a certain sum on performance, plaintiff was not entitled to re...
- Sec. 224. Broker Does Not Earn Commissions Where Lender Refuses To Consummate Loan
- A broker employed to procure a loan does not earn his commission by merely securing a lender who offers to make the loan, but who, after acceptance by the borrower, refuses to consummate the transacti...
- Sec. 225. Broker Not Entitled To Compensation For Securing Conditional Loan Defeated By Defect In Title
- A broker employed to procure a loan on real estate is not entitled to compensation merely because a lender was found who agreed to make the loan, subject to conditions, title, etc., being found ultim...
- Sec. 225a. Procuring Agreement To Make Loan Insufficient
- Procuring an agreement to make a loan is not the same as procuring a loan. Rosenthal v. Gunn, 119 N. Y. S. 165. ...
- Sec. 226. Broker To Recover Compensation For Loan Must Show On Same Terms As To Payment, Interest, Etc
- In an action to recover upon an agreement by defendant to pay a specified compensation, when notified of the acceptance of an application for a loan addressed to the plaintiff, who was to undertake to...
- Sec. 226a. Defendant Held Liable To Broker For Commissions For Procuring Loan
- Defendant's real property was heavily incumbered with back taxes. Under an act of the Legislature she could by paying them off by a given date, gain a rebate of interest. To accomplish this end, and a...
- Sec. 227. On Question Of Compensation For Loan, Former Agreement As To Value Of Services Ignored
- The fact that at one time there had been an agreement between certain persons as to the compensation to be paid for services in procuring a loan is not, where the agreement has been abandoned, entitle...
- Sec. 228. Reasonable Value Of Broker's Services In Procuring Loan May Be Shown By Testimony Of Experts
- Where loan brokers are employed to secure a loan, and different propositions as to compensation are made, and no proposal as to compensation applies perfectly, and the parties separate expressing them...
- Sec. 228a. Broker For Loan Required To Supply The Same Within A Reasonable Time After Abstract Furnished
- Contract with a broker to pay commission for securing a loan if within ...... days after application for the loan was approved, and customer furnished an abstract, the broker should be ready to comp...
- Sec. 229. Broker Liable For Loss When Loan Made Upon Insufficient Security
- A loan broker is liable to the lender on real estate for the loss of a loan negotiated by the broker upon a mortgage which proved insufficient security in consequence of prior incumbrances, where the ...
- Sec. 230. A Loan Broker Is Bound To Make Good Money Lost Through His Negligence
- A money lender to whom a sum of money is given to invest is bound to exercise reasonable skill and prudence; by his business he holds himself out as possessing competent skill to determine what reason...
- Sec. 231. Bill For Extra Compensation For Procuring Loan Should Be Separated To See Whether It Is Reasonable
- While it may be allowable to pay a broker for extra services, not usually necessary in procuring loans, in addition to the prescribed brokerage, the items composing his bill should be separated so tha...
- Sec. 232. Broker For Seller Obtaining Loan For Buyer From Seller Can Not Recover Commissions Therefor From Buyer
- A broker employed by the owner of lands to procure a sale thereof to one who shall agree to take from the owner a loan and improve the property can not, after recovering compensation from the owner of...
- Sec. 232a. Who Acts For Both Parties In Loan Transaction Is Entitled To Commission Agreed By Either To Be Paid
- Who, in a loan transaction, acts for both borrower and lender, with their full knowledge and approval, is entitled to any commission agreed by either of them to be paid. Sampson v. Vander-wilt, 173 P....
- Sec. 233. Broker Procuring Loan For Less Than Asked, Which Is Accepted, Earns Commissions
- In an action upon an agreement to pay a broker a commission for obtaining a loan, it appeared that a loan for a less amount was obtained, and at first accepted, but subsequently declined by the princi...
- Sec. 234. Broker Entitled To Commissions On Finding Lender Unless Rights Varied By Special Contract
- A broker employed to effect a loan is entitled to his commissions, when he has found a lender who has the money and who approves of the security, unless his rights are varied by special contract; ther...
- Sec. 235. Broker Not Reporting Loan Barred Commissions On Applicant Himself Procuring
- Where an application for a loan is made to a broker, who secures a party willing to make the loan, but does not so notify the applicant, and after the time within which the broker was to place the loa...
- Sec. 236. In Action By Broker For Commissions For Procuring Loan, Not Necessary To Prove Tender
- In an action by brokers to recover commissions for negotiating a loan, which the proposed borrower failed to accept and give security for as agreed, they need not prove a tender of the money, as it is...
- Sec. 237. Admissibility Of Correspondence To Establish Broker's Agency In Making Loan
- On an issue as to whether a loan broker was the agent of defendant in negotiating a loan for him, or the agent of plaintiff company which made the loan, correspondence between the broker and the plain...
- Sec. 238. Improper To Submit To Jury Whether Loan Broker Improperly Entered Release Of Judgment
- A loan broker was the agent for both parties in the negotiation of a loan, which was to be secured by a trust deed of land incumbered by a judgment; the amount of the loan was sent to him by the lende...
- Sec. 239. Authority To Broker To Provide Mortgage For Loan Confined To Land Designated
- A written contract by which defendant agrees to pay plaintiff for securing a loan for him, to mortgage certain property therefor, and to authorize, ratify and confirm every act and thing the said M. ...
- Sec. 240. Where Principal Six Months After Cured Defect In Title, Lender Then Refusing To Loan, Broker Earned Commissions
- The fact that the principal cures the defect in his title, does not deprive the broker of his right to commissions, where the principal gave no notice that the defect was cured until six months after ...
- Sec. 240a. When Loan Not Made Broker Must Prove Title Not Good
- If the title to property on which a loan was to be made was not good, it should be proved in a suit for procuring a loan thereon which was not made. Rosenthal v. Gunn, 119 N. Y. S. 165. ...
- Sec. 241. Broker Charging More, Nevertheless Entitled To Statutory Commissions For Procuring Loan
- Where a broker charges greater commissions for his services than the statute allows, in the absence of an agreement, this does not deprive him of the legal compensation. Vanderpool v. Kearns, 2 E. D. ...
- Sec. 242. Broker Entitled To Commissions For Procuring Loan Though Principal Refuses To Take
- A broker is entitled to a commission for procuring a loan at the request of his principal, though the latter refuses to take it when procured. Squires v. King, 15 Colo. 416, 417; Collier v. Wayman, 11...
- Sec. 242a. Broker To Procure Loan Not Entitled To Commissions Unless Loan Made
- As a general rule, brokers employed to procure a loan are not entitled to the commission therefor until the loan is made. Hol-liday v. Roxbury Distilling Co., 115 N. Y. S. 383; Slawson & Hobbs v. Raft...
- Sec. 243. Loan Broker To Whom Borrower Paid Commissions His Agent, Though Lender Took Payments From Him
- Complainant requested a broker to find some one to whom complainant could loan a sum of money; the broker made a loan of such an amount to defendant, advancing his own money and taking a note and mort...
- Sec. 244. Money Put In Bank, Subject To Check Of Broker For Loans, Did Not Make Him Agent Of Lender
- The mere fact that the lender of money deposited in bank a fund which should be subject to the check of the loan broker for the amount of the loan, if the lender, after an examination by himself of th...
- Sec. 245. Owner Reserving Right And Himself Securing Loan, Not Liable To Broker For Commissions
- Where a broker is authorized to secure a loan for the owner of real estate, as exclusive agent, for the purpose of taking up a mortgage, the owner impliedly reserves the right to obtain the loan himse...
- Sec. 246. Owner Refusing Loan On One Ground Subsequently Estopped To Set Up Another
- Where defendant refused to accept a loan negotiated by a broker, on the ground that the broker's charge for his services was excessive, defendant could not resist payment for such services on the grou...
- Sec. 247. Broker Failing To Secure Loan, Principal Securing From Same Party, Bars Commissions
- Where an agent was negotiating to procure a loan of not less than $220,000, but failed to secure anything better than an offer of $210,000; this not being accepted he abandoned the matter; he was not ...
- Sec. 248. Broker To Examine Title And Secure Loan, Barred Commissions On Failure By Defect In Title
- A person wishing to borrow money on property applied to another who agreed to find a lender and to have the title examined, and to charge a certain sum, which would include the expense of examining th...
- Sec. 248a. Borrower Seeking Cancellation Of Note And Deed Of Trust To Broker Required To Supply Deficiencies In His Title To Land
- In an action to cancel a note and deed of trust given to a broker to procure a loan on farm land, where the application, signed by the plaintiff, the prospective borrower, required him to furnish an a...
- Sec. 249. Loan Defeated Through Wrong Dimensions Known To Broker Bars Commissions
- In an action by a broker to recover a commission for procuring a loan, it appeared that the written portion of the application for the loan was filled in by the broker, and he was aware when defendant...
- Sec. 249a. Broker Not Entitled To Commission For Loan Defeated By Misrepresentation By Owner
- Where defendants employed plaintiff to procure a loan on the security of certain timber and coal land, and plaintiff found a person who wished to purchase the timber, making an advance of the amount d...
- Sec. 250. Where Loan Prevented By Defective Title, Error To Grant Broker Judgment For Full Compensation
- Where an agreement was made to pay plaintiff $800, if he secured a certain loan for defendant on its property, which sum was to cover all fees, lawyers' charges, disbursements, etc., it was error to g...
- Sec. 251. Attorney Given Interest In Land, Instead Of Cash, As
- fee for procuring loan. The client having conveyed to the attorney an interest in the estate as compensation for his services, instead of a cash fee, he acquired an equitable lien thereon for ...
- Sec. 252. Verdict For Broker For Procuring Loan Set Aside As Against The Weight Of The Evidence
- A verdict for plaintiff will be set aside as against the weight of the evidence, where, on the issue, whether defendant agreed to pay six per cent. interest for the loan, so as to render him liable to...
- Sec. 253. Agreement As To Commissions To Broker For Procuring Loan A Question For The Jury
- In an action for commissions for securing a loan, where the evidence for plaintiff, though contradicted by defendant, tends to show an agreement to pay one per cent. on the amount loaned by parties se...
- Sec. 254. Loan To Purchaser On Other Property, Procured By Seller's Broker, Makes Him Agent Of Purchaser Therefor
- A corporation appointed a real estate broker as its agent to secure a purchaser for land which the company owned in a city other than that in which it had its principal office; the person thus employe...
- Sec. 255. Broker To Procure Loan, Not Thereby Authorized To Collect Principal Or Interest
- The fact that a loan broker negotiates a loan does not authorize him to collect either principal or interest, though the security be payable at his office; nor does the fact that he has authority to c...
- Sec. 255a. Broker To Procure A Loan On Land May Purchase Latter At Mortgage Sale
- Where a broker was employed to secure a loan to enable the principal to prevent a mortgage foreclosure sale, but failed to procure the loan, the relation did not prevent a purchase by him, in good fai...
- Sec. 255b. Borrower Entitled To Cancellation Of Note And Mortgage Where Lender Paid Broker, Who Converted The Money To His Own Use
- Where a lender negligently paid the draft of a broker employed to procure a loan, the proceeds of which were converted to the broker's own use, the borrower was entitled to a cancellation of his note ...
- Sec. 256. Circumstances Held To Show Broker The Agent Of Lender, And Not Of Borrower
- Where a principal loans money to a large number of borrowers, through an agent, and the latter by agreement takes all loans payable to himself and indorses the notes to the lender, and draws sight dr...
- Sec. 256a. Where Casual Connection Of Broker With Sale Entitled Him To Agreed Commission
- If the services of a broker had a casual connection to a sale and purchase of land after direct negotiations between the parties, he is not debarred from recovering an agreed commission because the ne...
- Sec. 257. Securities Made Payable At Office Of Loan Company Do Not Make It Agent To Collect
- That a purchaser of negotiable mortgage securities, which are made payable at the office of the loan company negotiating them, knows that the loan company solicits payment of them regularly as they fa...
- Sec. 257a. Failure Of Borrower To Raise Additional Money To Get Loan Barred Broker Of Commission
- Where prospective lender offered to make loan for erection of building if borrower would raise an additional amount. Her inability to do this; held, not to entitle a broker to a commission for procuri...
- Sec. 257b. First Of Several Brokers Who Secured Accepted Loan Entitled To The Commission
- Where a person employs several brokers to negotiate a loan, the employer, provided he remains neutral toward the several brokers, is liable only for a commission to the one who first negotiates the lo...
- Chapter VI. Sec. 258. Purchaser Bound By Agent's Knowledge And Can No Dispute Mortgagee's Right To Reform Mortgage
- 258-275. Mortgages. 276-281. Bonds. ing contract - Builder's loan. 283-289a. Liens. A broker who is employed by an owner of land to find a purchaser therefor and is paid a commission for his ...
- Sec. 259. Broker Selling Under Power In A Mortgage Commits No Breach In Not Notifying Mortgagor Of Proposed Sale
- A mortgage note was given by the mortgagee to a real estate broker for collection, and the mortgagor also placed the land in his hands for private sale; a private sale which the broker attempted to ma...
- Sec. 259a. Act Constituting Breach Of Agency Contract
- Where a party under a contract is to secure for a second party options on certain properties, and the second party directs him not to proceed with reference to securing options on one of the propertie...
- Sec. 259b. Landowner's Refusal To Fix Date Of Public Sale Of Land Not A Breach Of Broker's Contract
- A landowner's refusal to name the day for a public sale of land which a broker had contracted to develop and sell at public or private sale within a year; held, not to constitute a breach of the broke...
- Sec. 260. Broker Liable For Loss Through Failing To Record Mortgage
- To an action against a broker employed to sell a dairy for damages sustained by the plaintiff through the broker's failure to record, in accordance with his undertaking, a mortgage taken by him from a...
- Sec. 261. Broker Liable For Loss From Unpaid Mortgage, Where He Undertook To Examine The Title
- In an action against a real estate agent for failure to examine the title of land purchased by him for plaintiff, a complaint alleging that the grantor had mortgaged the land conveyed and other land, ...
- Sec. 262. Broker Not Entitled To Charge Expenses Of Foreclosing Mortgage To Principal
- A real estate broker made loans in his principal's name, and to secure his commissions took second mortgages in his own name, and at sales thereunder bid in the property, and thereafter, without the k...
- Sec. 263. Power To Sell Does Not Include Power To Mortgage
- A power to sell land does not include power to mortgage. Stronghill v. Anstey, 1 De Gex, M. & G. (Eng.) 635; Payn v. Cooper, 16 Beavan (Eng.), 396; Halderby v. Spofford, 1 Beavan (Eng.), 390; Jeffray ...
- Sec. 264. Agent To Invest Money Confined To First Mortgages
- An agent employed to invest money on mortgage security, can not invest in a second mortgage, without the express consent of his principal, and if he does will be liable for negligence. Whitney v. Mart...
- Sec. 265. Broker Making Loan, Knowing Of Prior Mortgage, Principal's Subordinated Thereto
- Where an agent makes a loan on mortgage, with knowledge of the fact that a prior unrecorded mortgage on the same property exists, taken by him as agent for another person, his principal in the second...
- Sec. 266. Power To Purchase Gives None To Secure Purchase Money By Mortgage
- An agent employed to purchase property with particular funds has no authority to mortgage the property to secure the purchase money, and such mortgage will not bind the property. Fraser v. McPherson, ...
- Sec. 267. Whether Agent Taking Mortgage With Wrong Description Was Guilty Of Negligence, A Question For The Jury
- In an action by a principal against an agent for negligence in procuring a mortgage to be executed in her favor, in which the land was wrongly described. Held, that it should be left to the jury to sa...
- Sec. 268. Mortgage Taken By Lender, Bound By Fraud Of Agent
- and instrument set aside. A guardian, by fraudulent proceedings in court, obtained an order and sold property inherited by his ward, and his vendee, who participated in the fraud, afterwards mortgaged...
- Sec. 269. Payment On Mortgage By Purchaser To Seller's Agent, Did Not Bind Mortgagee
- Complainant purchased through a real estate agent property subject to a mortgage; subsequently respondent took an assignment of the mortgage which he failed to record; thereafter complainant made paym...
- Sec. 270. Broker Liable For Negligence In Failing To Learn Liability Under A Mortgage
- A real estate broker contracted for his principal to purchase land for a certain amount and assume the incumbrance as part of the consideration; the record of the mortgage on the land, while showing t...
- Sec. 270a. Broker Held Liable Only For Failure To Collect For Purchaser Interest Due As Shown By The Record
- A broker contracted for his principal to purchase land for a certain amount. There was a mortgage upon the land to secure several notes. The record definitely stated the rate of interest borne by the ...
- Sec. 271. Broker Liable For Negligence For Loss In Taking Mortgage On Other And Not On Land Sold
- A mortgage for $1,200 taken by real estate brokers as security for the price of property sold by them, was on property valued at $2,300, on which there was a first mortgage for $1,800, no security was...
- Sec. 271a. Broker Liable In Damages For Assuring Responsibility Of Irresponsible Lessee
- Where plaintiff relied on defendant agent's assurance that the purchaser of the plaintiff's leasehold interest would pay a bonus, so that the tenant would be safe in moving out, the liability of defen...
- Sec. 272. Broker Securing Conditional Sale Of Mortgage, Not Consummated, Did Not Earn Commissions
- Where a broker employed to sell the note and mortgage given by a cemetery association for money used to purchase real estate described in the mortgage, obtained a purchaser on condition that the latte...
- Sec. 273. Fraud Of Agent In Appropriating Money Received To Pay Off Mortgages
- Defendant applied to a real estate agent for a mortgage loan; three unsatisfied mortgages were to be paid with the proceeds of the loan; plaintiff agreed with the agent to make the loan, and gave the ...
- Sec. 274. Failure Of Purchaser To Execute Mortgage Defeated Broker's Right To Commissions
- A contract for the purchase of real estate provided that the same should be void, at the will of the vendor, if default should be made by the vendee in completing the purchase by making the due cash p...
- Sec. 274a. Sale Of Land By Mortgagee Not Withdrawal Con. Templated In Contract With Broker
- Where owner of land agreed with a broker to pay withdrawal fee if he withdrew the land from the broker's hands before a purchaser was procured; held, that a sale of the land by the mortgagee for breac...
- Sec. 274b. When Mortgage Given, Owner Entitled To Know Who Purchaser Was
- Where the terms negotiated by the broker called for the giving of a mortgage for one-half of the price, the employer was entitled to know who the purchaser was. Coppage v. Howard, 96 A. 642, 127 Md. 5...
- Sec. 275. In Computing Commissions Mortgage Treated As Part Of Purchase Price
- Defendant was the owner of certain land on which there was a mortgage, for the payment of which he was not personally bound, and he gave plaintiff the exclusive sale of the land for sixty days, and on...
- Sec. 275a. When Mortgage Should Not Be Added To Increase Broker's Commission
- Where property is listed with real estate broker for sale for a stated amount, which included an existing mortgage, the commission, unless for some special reason to the contrary, should be based on a...
- Sec. 276. Declaring Bonds Illegal Deprived Brokers Of Commissions For Negotiating Sale
- Plaintiff entered into an agreement with defendant who had agreed to take certain county bonds at par in payment of any county work which he had contracted to do, to sell the bonds, his commissions to...
- Sec. 277. Broker Selling Bonds Entitled To Commissions On Procuring Party Ready To Buy On Terms Specified
- A broker employed to sell bonds is entitled to compensation upon producing a party ready, willing and able to buy on the terms specified by the vendor, although the sale is not consummated, where the ...
- Sec. 277a. Broker Who Ceased Efforts Not Entitled To Com-, Mission On Bonds Sold By Another
- Broker not entitled to commission for the sale of bonds, who ceased his efforts and transaction was closed by another. Ely v. Wilde, 122 P. 1122, 62 Or. 111. ...
- Sec. 277b. Broker Not Entitled To Commission On Bonds Sold To His Customer After His Agency Ended
- Broker not entitled to commissions for sale of bonds, after his authority terminated, by the owner to purchaser procured by broker. Butterfield v. Consolidated Fuel Co., 132 P. 559, 42 Utah, 499; Brow...
- Sec. 278. Broker Not Entitled To Compensation For Sale Of Bonds Where Purchaser Withdrew Conditional Acceptance
- Above case afterwards reversed, on the ground that the broker who was promised a commission to be paid on completion of the sale, was not entitled thereto where the purchaser whom he furnished withdre...
- Sec. 279. Broker Transferring Bonds By Delivery, Without Disclosing Principal, Liable In Case They Are Null And Void
- If a broker or other agent transfer bonds by delivery, without disclosing who is his principal, he is, himself, to be regarded as the principal, and is responsible to refund the money paid, if the bon...
- Sec. 280. Broker Selling Bonds In Good Faith Not Liable To Trust Estate Because Illegally Sold
- Bonds belonging to a trust estate were presented to certain brokers at a time when they were registered in the name of S, executor; some days later, when left with them for sale, they had been dischar...
- Sec. 281. Authority To A Village To Issue Bonds, Includes Authority To Employ Broker To Dispose Of Them
- Express authority of a village to borrow money and issue bonds therefor, includes implied authority to employ a person to procure a purchaser for the bonds, whether he be a broker or not. Armstrong v....
- Sec. 282. Building Materials, Building Contract, Builder's Loan
- In an action against a real estate agent to compel him to convey property which it was alleged he had been employed to purchase for his principal, and the title to which was taken in the agent's name ...
- Sec. 282a. Broker Entitled Only To Advances Where Sale Was Made By Owner's Manager
- Where plaintiff was to receive commissions for the sale of defendant's property, and an advancement of $20 per week, to be credited on any commissions that he might earn, the only compensation to whic...
- Sec. 283. Broker Has A Lien On Securities In His Hands For His Commissions
- A broker is entitled to a lien for his commissions on a note and mortgage or on the proceeds thereof left in his possession to negotiate a sale thereof. Peterson v. Hall, 61 Minn. 268, 63 N. W. 733; C...
- Sec. 283a. Broker Required To Surrender Collateral To Secure Commissions On Revocation Of Authority
- Where plaintiff had revoked agreement to pay defendant commissions for sale of property of a corporation controlled by him, after revoking agreement by the corporation to pay such commission; held, no...
- Sec. 284. A Loan Broker Has A Lien For His Fees On Funds Coming Into His Hands
- A broker employed to obtain a loan of money upon a commission has a lien for his fees and may retain them. Vinton v. Baldwin, 95 Ind. 433. See also Secs. 285, 288. ...
- Sec. 284a. Broker Denied Right To Assert Lien For Commission On Exchange Rescinded For Fraud
- If broker who acted as agent for both parties to a real estate exchange transaction was a party to, or had notice of the fraud that induced the consummation of the transaction, he is in no position to...
- Sec. 285. In The Absence Of A Contract A Broker Has No Lien On Funds Or Securities Of His Principal
- A real estate broker has no lien for services on a certificate of deposit belonging to the principal. Robinson v. Stewart, 97 Mich. 454, 56 N. W. 853; Arthur v. Sylvester, 105 Pa. St. 233; Jones' Appe...
- Sec. 286. Where Broker Has A Lien It Exists Only So Long As He Holds The Property
- The equitable lien of a broker exists only so long as he has possession of the land or title papers, and his debt remains unbarred by the statute of limitations. Byers v. Dan-ley, 27 Ark. 77. ...
- Sec. 287. The Lien Of A Broker For Commissions Is Confined To The Specific Securities Affected
- A real estate broker, who is not an attorney-at-law, can not claim a general lien on all securities in his possession for expenses incurred in managing some of such securities, but the lien is confine...
- Sec. 288. A Broker Procuring A Loan For A Trust Estate Has No Lien Thereon
- In the absence of a specific agreement a broker who procures a loan for the benefit of a trust estate has no lien on such estate for his commissions, his remedy being against the trustee personally. J...
- Sec. 288a. Instruction That If Broker Changed Contract Believing Defendant Would See Before Signing, Not Prejudicial To Plaintiff
- In an action for a broker's commissions, an instruction that if the broker caused a change to be made in the contract, believing the defendant would see the change when the contract was delivered to h...
- Sec. 289. Where A Broker Took The Excess For Commissions The Expenses Of Releasing A Lien Fell On The Principal
- A real estate agent employed to sell land was to have all obtained over a certain price. Held, that the expense of getting rid of an existing lien on the lands must be borne by the principal, not by t...
- Sec. 289a. Commissions Assumed By Vendee Not A Lien On Property
- Where a commission for the sale of real estate due from the vendor to the agent was assumed by the vendee at the time of purchase without an agreement to that effect, the debt does not become a lien o...
- Sec. 289b. Lien Of Broker For Commission On Purchaser's Interest Not Enforcible On Breach By Latter
- While an agreement between the purchaser and the vendor that broker's commission should be paid by vendee as part of purchase price, upon first payment, and giving of a mortgage would not prevent the...
- Sec. 289c. What Plaintiff Must Show To Enforce Lien For Commissions On Sale Of Land
- In order to enforce a lien for broker's commission on a sale of certain land, where the notes have come into the hands of a third person, plaintiff must show that he has an equitable lien thereon; a m...
- Part III. Rights, Duties And Liabilities Of Principal And Agent. Chapter I
- 290. Duty or obligation of an agent to his employer or others. 291. Concealment and its effect upon rights. 292. Abandonment of employment, and of contract by purchaser. 293. Alterations made in ...
- Sec. 290. Duty Or Obligation Of An Agent To His Employer And Others
- A breach of duty to his principal deprives a broker of his right to commissions. Wilkinson v. McCullough, 196 Pa. St. 205, 79 Am. St. R. 702, 46 A. 357; Alford v. Creagh, 62 S. 254, 7 Ala. App. 358; S...
- Duty Or Obligation Of An Agent To His Employer And Others. Part 2
- The obligation is reciprocal, and the owner, in revoking a contract with his broker, must act in good faith. Bailey v. Smith, 103 Ala. 641, 15 So. 900; Branch v. Moore, 84 Ark. 462, 105 S. W. 178; Uph...
- Duty Or Obligation Of An Agent To His Employer. Part 3
- If a real estate owner places property in the hands of a broker for sale at a fixed price, and the broker sells it for more to one for whom he is acting as agent for the investment of money, and secre...
- Duty Or Obligation Of An Agent To His Employer. Part 4
- Failure of the broker to disclose to the vendor that the purchaser was acting as agent for an undisclosed principal does not affect the broker's right to commission, the purchaser being financially ab...
- Sec. 291. Concealment And Its Effect Upon Rights
- Where defendants, who were employed by plaintiff to find a purchaser for a lot, after finding a purchaser and receiving part of the price, knew before the deed was delivered that the purchaser had sol...
- Sec. 291. Concealment And Its Effect Upon Rights. Part 2
- Where a broker reports an offer for property to his principal, without stating by whom the offer is made, and afterwards a sale of the same property is effected through another broker at the same pric...
- Sec. 291. Concealment And Its Effect Upon Rights. Part 3
- Defendant employed plaintiff to sell certain coal lands for $250,000, agreeing to pay $10,000 commissions in case a sale was effected within six months from August 19, 1904, and that if, during such t...
- Sec. 292. Abandonment Of Employment And Of Contract By Purchaser
- Where a real estate agent fails to sell the property and directs a prospective purchaser to trade with the owner, who sells the property, relying on the broker's abandonment of the employment, the bro...
- Sec. 293. Alterations Made In Written Instruments
- Where, after a contract of sale was signed by the vendor, the purchaser made material alterations and then signed it, and the vendor refused to re-execute, there was no meeting of minds and the broker...
- Sec. 294. Adverse Interests
- An agent in charge of real estate can not acquire a tax-title adverse to his principal, who has failed to furnish him with means to pay the taxes, and the burden is on the agent to show that his agenc...
- Sec. 295. Betrayal Of Trust
- If a real estate agent authorized to sell land at a given price, three years after, when the value has greatly advanced, and is rapidly rising, sells the same at the price named, and at a great sacrif...
- Sec. 295a. Discharging Trust By Returning Earnest Money
- It is not a breach of trust for a broker to return earnest money to procured purchaser, when sale is not consummated for failure of owner to make a good title. Badeaux v. Rohrer, 182 I11. App. 114. ...
- Sec. 296. Collusion
- In an action for a broker's services, an answer alleging that the proposed purchaser was plaintiff's uncle, and that they entered into collusion, whereby the uncle was to pretend to defendant that he ...
- Chapter II. Sec. 297. Deposits
- A real estate broker employed to find a purchaser of land at a designated price, under an agreement whereby the owner is to furnish a perfect abstract of title on a deposit of ten per cent. of the pri...
- Sec. 298. Deceit
- Where plaintiff purchased property from defendant, a broker, for $7,000, upon his representation that the owner would not sell it for less than that price, when the fact was that the owner had consent...
- Sec. 299. Action For Damages
- Where a broker is employed to purchase or to make a sale of lands and the principal refuses to accept or to part with the property, as the case may be, or otherwise breaks the contract of employment, ...
- Sec. 300. Measure Of Damages
- A real estate agent who undertakes to sell the realty of his principal without legal authority to bind such principal, does not render him responsible for any defect in the title of the principal. In ...
- Sec. 300. Measure Of Damages. Continued
- Where a broker employed by the owners of land to effect a sale thereof, pretending to act for the principal, made a contract to sell the land to plaintiff's assignor, which was not binding on the owne...
- Sec. 301. Clerks
- A contract whereby for a consideration moving from a third person, a clerk agrees to induce his employer to accept a lower price for property about to be sold than was first asked, can not be enforced...
- Sec. 302. Conduct Of Broker
- In an action to recover commissions for finding a purchaser it appeared that the contract provided that the terms of payment should be $10,000 within five days, $5,000 additional on promises, etc., th...
- Sec. 302a. Conduct Of Owner
- Act of Coal Co. in quoting price to another whereby a sale was made direct, instead of through brokers to whom the exclusive right to sell was given; held, a breach of the contract, and not a mere rev...
- Chapter III. Sec. 303. Debt Of Another
- Plaintiff, as broker, sold property of S. to ft, and defendant was employed to draw a contract of sale, but on finding that S. had failed, defendant postponed drawing the contract, and later, though w...
- Sec. 303a. When County Not Chargeable With A Debt
- A claim for commissions under a contract by which a county lists lands with a broker for sale for a commission; held, not a debt within the Con., Art. 2, Sec. 7, forbidding the creation of a debt unle...
- Sec. 304. Discretion
- A power to sell the one-half of a lot of land, without specifying which, or whether an undivided one-half, empowers the attorney to sell one-half in severalty, and to exercise his own discretion as ...
- Sec. 305. Double Liability
- Where a purchaser is produced and a sale consummated by one of two brokers who have the property for sale, and a commission paid him by the owner, the fact that the other broker has, by advertising, f...
- Sec. 306. Double Capacity
- The law will not permit a man to act in the double capacity of principal and agent. Dwight v. Blackmar, 2 Mich. 330. Where the owner of land agreed to sell it to real estate brokers, who at first stat...
- Sec. 307. Contract In Excess Of Authority Vested In Agent
- Where defendant authorized his agent to sell his farm for a certain sum, the first payment to be made on February 1st, a contract requiring the first payment to be made on March 1st, and obligating de...
- Sec. 307a. Contract Of Broker Varying From Instructions Will Not Be Enforced
- Where a broker to sell has power to sign a contract, if the contract signed by him varies from his instructions, the principal will not be bound by it, and it will not be specifically enforced against...
- Sec. 307b. An Agent Who Makes A Contract Either Without Authority Or In Excess Of Authority Given, Binds Himself
- An agent who makes a contract either without authority or or in excess of authority, binds himself. Moore v. Wilson, 26 Foster (N. H.) 332; Meech v. Smith, 7 Wend. (N. Y.) 315; Roberts v. Button, 14 V...
- Sec. 307c. Broker Not Entitled To Commissions Where Lots Were Sold Out Of The Order Provided For
- Persons employed to sell certain lots of land at prices named in a written contract of employment, the lots to be sold only in the order enumerated in the contract, were not entitled to commissions fo...
- Sec. 308. Exoneration
- A broker, through negligence, loaned on second mortgage some money which, for compensation, he had undertaken to loan on first mortgage security, but before the loan became due the lender, with other ...
- Sec. 309. Expenses
- A real estate agent who is merely promised a commission for making a sale, is not also entitled to recover for expenses incurred in procuring a purchaser. Reynolds-McGuinness Co. v. Green, 78 Vt. 28, ...
- Sec. 310. Employment Of Engineer
- It is not within the scope of the authority of persons employed to collect the rents of a building to employ an engineer to take charge of the engine therein; a general agent having charge of this mat...
- Sec. 311. Fiduciary Relations
- One who undertakes to collect rents and exercise control over property occupies a fiduciary relation which forbids placing himself in antagonism to his principal with respect to such property. Grumley...
- Sec. 312. Failure Of Broker To Report Offer
- Where a broker who received a proposition to sell defendant's land did not accept it until after the expiration of the time designated in the offer for its acceptance, he is not entitled to commission...
- Sec. 313. False Representations
- Where defendant authorized plaintiff to sell real estate, agreeing to pay a commission, and in a printed form above the authorization set out particulars of the property, the selling price as $52,000 ...
- Chapter IV. Sec. 314. Fraud Of Broker Against His Principal
- If a broker is guilty of fraud in executing his agency his right to commissions is forfeited. Jeffries v. Bobbins, 66 Kan. 427, 71 P. 852; Kurinsky v. Lynch (Mass. Sup. '09), 87 N. E. 70; Krhut v. Pha...
- Sec. 314. Fraud Of Broker Against His Principal. Part 2
- The owner of city lots employed two persons, associated together as real estate agents, to sell them, and fixed the price at $14,000; a purchaser was secured by the agents at $16,000, to whom a deed w...
- Sec. 314. Fraud Of Broker Against His Principal. Part 3
- Plaintiff authorized defendants to sell his land for a cash payment and notes, and on their representation that they had found a purchaser, and the cash payment and notes were ready to be delivered to...
- Sec. 314. Fraud Of Broker Against His Principal. Part 4
- Where a land-owner sued his brokers, who had effected a sale, to recover a portion of the purchase money which had been retained by them, on the ground that the contract was not binding on him, becaus...
- Sec. 315. Fraud Of Broker Against Third Persons
- If in negotiating a contract in behalf of the principal the broker is guilty of fraud as to the other contracting party, he is liable to him therefor in damages. Kice v. Porter, 21 Ky. L. E. 871, 53 S...
- Sec. 316. Fraud Of Sub-Agent
- Plaintiff, who had contracted with a real estate agent to cooperate with him in selling to a third person certain property, with knowledge that such person was willing to purchase at a certain sum, in...
- Sec. 317. Fraud Of Principal Against Broker
- Defendant employed plaintiff to sell his farm and some personal property, on an understanding that the plaintiff should receive a certain commission if he could procure a purchaser for $18,000, otherw...
- Sec. 318. Fraud Of Third Persons Against Broker
- Where a vendee fraudulently conceals the fact that she purchased through a broker employed by the vendor, and represents that a third person was the procuring cause of the sale, whereby the vendor is ...
- Sec. 319. Fraud Of Principals Inter Se
- Where two persons owning real estate intrust one with the sale thereof, who has it conveyed to a third person for a price agreed upon, the money being paid by the joint owner with a view to acquiring ...
- Sec. 320. Debatable Acts Of Broker Held Not To Constitute Fraud
- A broker employed to find a buyer is not necessarily guilty of fraud because he seeks to induce his principal to reduce the price, even though he might know he could obtain the price asked. Gorman v. ...
- Sec. 321. Points Of Practice In Actions For Fraud
- The vendee's right to rescind because the vendor gave a secret commission to the vendee's agent is not affected by the fact that a part of the commission paid by the vendor to the vendee's agent was f...
- Chapter V. Sec. 322. When A Broker Is And When Not Liable For Interest
- A real estate broker receiving money and not applying it to the purposes specified in the agreement under which he acted, within a reasonable time, is chargeable with interest. Harrison v. Long, 4 Des...
- Sec. 323. Broker Obtaining Interest Hostile To Principal
- Where a broker who procured a sale of bonds, secretly obtained an interest hostile to his principal, he was entitled to recover the commission paid him. Guidetti v. Tuoti, 102 N. Y. S. 499, 52 Misc. 6...
- Sec. 324. Improvement Of Property Beyond Authority Of Agent
- Unless specially authorized, a real estate agent has no right to contract for the improvement of property. Riverview Land Co. v. Dance, 98 Va. 239, 35 S. E. 720. See reference under Sec. 307. ...
- Sec. 325. Agent Neglecting To Place Insurance, Followed By Loss, Liable
- An agent whose duty it is to insure the property of his principal, and who neglects to do so, is liable to the latter for any loss of property occasioned by the peril that he should have insured again...
- Sec. 326. Illegal Purposes
- An agent of the owner of property is not presumed to have any authority to lease the premises for an illegal purpose. Stover v. Flower, 120 Iowa, 514, 94 N. W. 1100 ...
- Sec. 327. Illegal Contract
- Where the contract negotiated is illegal, the broker can not recover for his services, though his principal has received the money arising from it. Belding v. Pitkin, 2 Caines (N. Y.), 147; Skirvin v...
- Sec. 328. Implied Powers
- (a) A non-resident owner employing a non-resident agent to sell, impliedly authorizes the latter to employ a broker to effect a sale. Eastland v. Maney, 36 Tex. Civ. App. 147, 81 S. W. 574. (b) If th...
- Sec. 329. Joint Owner Condoning Fraud Liable For Benefits Received
- A joint owner of real estate who consents to a listing there of by his co-owner with real estate agents for sale, receives part of the consideration, and does not repudiate the sale made by the agents...
- Sec. 329a. Purchaser Of Land Joining Therein With Seller's Agent Liable To Account For Profits Made
- One who purchases land in behalf of himself and seller's agents, with knowledge that the agents were concealing their interest from the seller; held, liable to account for the profits to him. Fred Bro...
- Sec. 330. An Agent To Sell Has No Authority To Grant A License
- to cut timber. An agent has no authority to license one to cut timber by virtue of his authority to bargain and sell land. Hubbard v. Elmer, 7 Wend. (N. Y.) 446. See references under Sec. 307. ...
- Sec. 331. What A Principal Must Do To Escape Liability To The Broker For Commissions
- A principal who obtains knowledge from his broker that an intending purchaser procured by the broker is the person of whom he had learned from another source as a possible purchaser, owes to the broke...
- Sec. 332. A Power Of Attorney Confirming All Sales And Leases Confers Power To Sell
- A power of attorney confirming all sales, leases and contracts of every description, confers a power to sell land. Sullivan v. Davis, 4 Cal. 291. ...
- Sec. 333. Power To Sell Any Of Constituent's Land Authorizes The Sale Of That Acquired Afterwards
- A power to sell any of the constituent's real estate, authorizes the attorney to sell real estate which the constituent acquires after the execution of such power. Fay v. Winchester, 4 Metc. (Mass.) 5...
- Sec. 334. Power To Sell Land Not Previously Conveyed, Authorizes Sale Of Tract Not Conveyed
- Under a power to sell all the land of the principal which the latter has not previously conveyed, the attorney is authorized to sell land that his principal had sold but not conveyed. Mitchell v. Maup...
- Sec. 335. Power To Sell Land, Gave Authority To Sell On Credit, To Receive Payments, Etc
- Where a power of attorney authorized an agent to sell certain lands, or any part or parcel thereof, for such sum or price, or on such terms, as to him shall seem meet, and for me and in my name to m...
- Sec. 336. Power To Sell Land For Settlement, Not Violated If Shown To Have Been Bought On Speculation
- A power of attorney to sell certain lands for the purpose of making actual settlement thereof, to sign, seal and deliver sufficient deeds, etc., leaves it to the judgment of the attorney to determin...
- Sec. 337. Power To Sell Land Does Not Include Power To Lease Or Exchange It
- A power to sell land does not include power to lease or exchange it. Trudo v. Anderson, 10 Mich. 357; Lampkin v. Wilson, 5 Heisk. (Tenn.) 555; Reese v. Medlock, 27 Texas, 120. See references under Sec...
- Sec. 337a. Authority Of Agent Construed To Authorize Contracting To Sell, But Not To Convey The Real Estate
- A having possession of certain property of B, under a power of attorney to sell the same and execute the proper instruments of transfer, afterward gave the charge of the same, with deeds and papers in...
- Sec. 337b. Power To Sell Does Not Include Power To Give An Option
- A written power to sell land does not include power to give an option, unless so expressed. Tibbs v. Zirkle, 55 W. Va. 49, 46 S. E. 701, 104 Am. St. E. 977; Swift v. Erwin, 148 S. W. 267, 104 Ark. 459...
- Sec. 337c. Broker To Procure Loan Without Authority To Transfer Principal's Note And Mortgage
- Application to a mortgage company for a loan, stating that the broker was the agent of the applicant to procure a loan either from the company or from any other person upon the same terms, even if cre...
- Sec. 338. Agent Buying Principal's Share Of Land Warrants For Less Than, Liable For Full Value
- Where an agent received land warrants to locate on shares and to sell the land, and bought up his principal's share of the land for less than its value, without informing him of the price for which a ...
- Sec. 339. Authority To Locate And Survey Land Confers No Power To Sell
- An authority to locate and survey land confers no power to sell. Moore v. Lockett, 2 Bibb. (Ky.) 67. See references under Sec. 307. ...
- Sec. 340. Authority To Sell In Lots, Conferred None To Sell Otherwise
- Where an owner of land, a part of which was surveyed in lots, gave his agent a power of attorney to convey the same in lots as surveyed by B, a conveyance by the agent to G of a portion of the land...
- Sec. 341. Broker Not Liable For Mutual Mistake That He Had Authority To Make A Contract Of Sale
- A real estate broker who represents that he has authority to sell certain land is not liable to a customer for the consequences of their mutual mistake of law in thinking that such authority carried w...
- Sec. 341a. Broker Entitled To Commission For Land Erroneously Sold By Him Through Mistake Of Owner
- The owner of two parcels of land listed them for sale with a real estate broker. After some months the broker wrote the owner, referring to one tract, while the owner had, in fact, sold this tract som...
- Sec. 341b. Broker Not Liable For Acts In Representative Capacity To Third Parties
- A broker having contracted to obtain from his principal $150, as consideration for plaintiffs release of possession of land sold, the broker acted in a representative capacity only, and was not person...
- Sec. 342. Agent To Sell Land Has No Right To Receive Anything But Money In Payment For Principal
- An agent for the sale of land has no right to accept anything but money for his principal. Bevis v. Heflin, 63 Ind. 129; Mann V. Robinson, 19 W. Va. 49. See reference under Sec. 307. ...
- Sec. 343. Broker Has No Right To Receive Mexican Money For Earnest Money
- A real estate agent who is authorized to accept a certain sum as earnest money is not thereby given power to accept Mexican money. Edwards v. Davidson (Tex. Civ. App. '04), 79 S. W. 48. See references...
- Sec. 344. Broker Given Minimum Price, All Over To Be His Compensation For Selling, Need Not Tell Principal What Land Sold For
- The owner of land agreed to pay a broker all that he might obtain for the land above a minimum price per acre as compensation, and a fixed sum in addition; the broker sold the land, but refused to sta...
- Sec. 345. Agent Knowing Of Defect In Principal's Title Can Not Himself Acquire Title
- If an agent discovers a defect in the title of his principal to land he can not misuse it to acquire title for himself, and, if he does, will be held as a trustee of the title for his principal. Bingo...
- Sec. 346. Broker Guilty Of Negligence To Injury Of Principal, Barred Commissions
- Although the broker finds a purchaser who is willing to buy on the terms imposed by the principal, yet he is not entitled to a commission if the trade fails through his negligence, and by the insertio...
- Sec. 347. Owners Liable For Negligence To Prospective Tenants Injured While Examining Building
- Where the owner of a building employs brokers to obtain tenants and authorizes the broker to conduct their customers into the building, he is liable for injuries sustained by a customer while examinin...
- Sec. 347a. Principal, When Liable For Negligent Or Tortious Acts Of Insane Agent
- One who knowingly employs an insane agent should be held liable for negligent or tortious acts committed by such agent within the scope of his employment. Christian v. Columbus, etc. B. Co., 79 Ga. 46...
- Sec. 348. When Brokerage Contract Signed Without Reading Will Not Be Set Aside For Fraud
- One who negligently signs a brokerage contract without reading it, relying on statements of the brokers as to its contents, is not entitled to have it set aside for fraud, when the signer had no right...
- Sec. 349. A Broker Whose Principal Suffers Loss Through His Negligence Is Liable To Him Therefor
- A money lender to whom a sum of money is given to invest is bound to exercise reasonable skill and prudence; by his business he holds himself out as possessing competent skill to determine what reason...
- Sec. 350. Broker Departing From His Instructions Liable For Loss Arising Therefrom
- A broker who has instructions to buy for his principal mortgages, or other first-class discount paper, who violates them and invests the money on his own judgment, is responsible for the consequent lo...
- Sec. 351. Brokers Not Liable For Loss On Forged Note, Where They Acted In Good Faith And Disclosed Their Principal
- Note brokers are not personally liable for a loss on a forged note sold by them, when they advised the vendee at the sale that they were acting as agents and disclosed their principal. Bailey v. Galor...
- Sec. 352. Broker Taking A Note, Payable At His Office, Not Thereby Authorized To Collect
- A broker who negotiates a loan and receives his commission from the borrower, taking a note payable at his office to the lender, is not authorized to receive payments on such note. Englert v. White, 9...
- Sec. 353. Where Broker Has Note Payable At His Office The Maker Is Warranted In Paying Him
- Where a note is payable at the office of a broker, it is the duty of the maker, in the absence of directions from the holder to the contrary, to tender payment there, and finding the note in the broke...
- Sec. 354. Agent To Receive Principal And Interest Not Authorized To Receive Payment Before Due
- An agent merely to receive the interest and principal of a note is not authorized to take the payment of the principal prior to the same becoming due. Williams v. Pelley, 96 I11. App. 346. See referen...
- Sec. 355. Agent To Collect The Interest Not Authorized To Collect The Principal
- In a suit to cancel a deed of trust on the ground of payment to the lender's broker, the fact that the broker negotiated the loan and collected interest on the loan is insufficient to make the broker ...
- Sec. 356. Agent Who Transacted All The Business Of The Principal Held Agent To Collect Payment Of Note
- Where an agent transacted all the business with reference to the collection of the principal and interest of debts secured by note and mortgage, and acted as the agent of the investor in the care and ...
- Sec. 357. Debtor, Before Payment, Should See That Agent Has The Security
- If a debtor owing money on a written security, pays or settles with another as agent, it is his duty, at his peril, to see that the person thus paid or settled with is in possession of the security. C...
- Sec. 358. Unless Broker Proves He Could Have Made A Sale On Revocation Entitled To Recover Only Nominal Damages
- In an action for damages for revocation of authority to sell land, nothing more than nominal damages can be recovered where the agent fails to show that he could have made a sale on the principal's te...
- Sec. 359. Notice To Agent To Bind The Principal Must Be Given While Acting For The Principal
- Notice to an agent to bind the principal must be given to the agent while engaged in the business and negotiations of the principal, or when it would be a breach of trust in the agent not to communica...
- Sec. 360. Broker, On Finding Customer To Buy, To Be Entitled To Commissions Must Give Principal Notice
- Although the broker finds a customer before the principal sells the property, he is not entitled to a commission if he delays to notify the owner until after a sale is made by the latter. Bears v. Hyl...
- Sec. 361. Notice Waived Where Principal Instructs Broker To Send Prospective Buyers To Him
- Where a real estate agent is instructed by the principal to send persons inquiring about the property to the latter, the agent is not required to notify the principal of the fact that he has sent pers...
- Sec. 362. Principal Can Not Reject Offer Through Broker, And Then Sell And Escape Liability For Commissions
- Where a real estate agent employed to sell lands introduces the owner to a purchaser and negotiations are commenced through such introduction, the agent is entitled to his commissions though a sale is...
- Sec. 362a. Oral Agreement To Act As Sales Manager Upheld
- An oral agreement employing plaintiff to act as defendant's sales manager, receiving 5% on all sales made by defendant's sales force or by plaintiff; held, not void because not in writing, under L. 0....
- Sec. 363. Agent Authorized To Make A Written Can Not Make An Oral Contract
- An agent must closely follow the instructions of his principal; therefore, an agent authorized to enter into a written contract for the sale of land, can not enter into a verbal agreement for its sa...
- Sec. 363a. Broker Not Entitled To Commissions On Contract Not In Conformity With Authorization
- Under a contract providing that a broker on securing a purchaser shall receive a, commission when the contract for the sale is signed, the broker is not entitled to the commission on securing a paro...
- Sec. 364. Agent Acting Under Oral Authority Can Not Bind Principal By Written Covenants
- An agent acting under parol authority can not bind his principal by a written covenant under seal, signed with the name of such principal; such an instrument is not, in any sense, the deed of the prin...
- Chapter VI
- 365. Postponement by purchaser - Broker earns commissions. 366. Undisputed possession for years - Agent authorized. 367. Words placed in hands of do not give possession. 367a. The word sell ...
- Sec. 365. Postponement By Prospective Purchaser, Broker Not Defeated Of Commissions By Sale Through Another
- Where a broker put his principal in communication with a prospective purchaser for his lot, and the prospective purchaser postponed the proposition for the time being, but afterward went to another re...
- Sec. 366. Possession Undisputed For Years Raises Presumption Of Authority Of Agent To Convey
- After many years undisputed possession of real or personal property under a conveyance executed by a person as agent, his authority will be presumed. Stockbridge v. West Stock-bridge, 14 Mass. 257, 26...
- Sec. 367. Words "Placed In The Hands Of" Do Not Give Agent The Right To The Possession Of The Property
- The expression placed in the hands of------------to be sold used in a contract by which one person agrees to sell land for another for a commission, does not confer on the agent a right to the posse...
- Sec. 367a. The Word "Sell" Held To Mean "To Find A Buyer"
- As used in a real estate broker's employment contract granting an exclusive option to buy or sell certain property within a stated time, the word sell means to find a purchaser for. Fleming v. Hat...
- Sec. 367b. The Phrase "In Any Event" Held To Mean "Whatever May Happen"
- Where a written contract for the sale of real property by a broker provided that it should be maintained in any event until a certain date, the words in any event mean only whatever may happen, ...
- Sec. 368. Agent Buying For Principal, Paying Purchase Money And Taking Deed To Himself, Holds Absolutely
- Where a man employs an agent by parol to buy an estate, and the agent accordingly buys it, and no part of the consideration is paid by the principal and there is no written agreement between the parti...
- Sec. 369. Principal Accepting Property In Lieu Of Cash, Liable To Broker For Commissions
- A broker is entitled to his commissions for effecting a sale where the principal without objecting accepts property in lieu of cash. Clark v. Allen, 125 Cal. 276, 57 P. 985; Babb v. Johnson, 28 Ind. A...
- Sec. 370. Principal Should Pay The Broker Who Procured The Purchaser
- Where real estate is placed for sale in the hands of two independent brokers under an arrangement with the owner assented to by both of them that the commission shall be paid to the one selling the pr...
- Sec. 370a. Landowner Not Liable To Other Agents Whom His Agent May Employ
- A landowner may select his own agent for the sale of his land without becoming personally responsible to other agents whom the first agent may employ to assist him in carrying out the undertaking. Lan...
- Sec. 371. Agreement Between Brokers To Divide Commissions Bars Recovery Thereof
- Where defendant employed plaintiff as his agent to effect an exchange of defendant's property, plaintiff being given discretion as to the valuation to be placed on the property, and plaintiff and the ...
- Sec. 371a. Brokers May Make Oral Contracts Between Themselves To Divide Commissions
- Rem. and Bal. Code, Sec. 5289, providing that an agreement employing a broker to sell real estate for a commission shall be void unless in writing, only applies to contracts between a landowner and a ...
- Sec. 372. Authority To An Agent To Make Necessary Repairs, Does Not Extend To Permanent Improvements
- If one employed to manage property for its owner is empowered to make such repairs only as are necessary to preserve and protect the property from ordinary wear and tear, he can not charge the owner w...
- Sec. 373. Broker Can Not, Unless Authorized, Retain Commissions From Purchase Money
- Where real estate was placed in the hands of brokers for sale, and they purchased it from the agent of the owner with power to sell, such agent had no legal right to retain commissions out of the pric...
- Sec. 374. Vendor By Refusal To Sell, Liable To Broker For Commission, Though To Be Paid By Customer
- W. employed C. & R. to purchase a lot for him upon certain terms, stipulating that the compensation of the latter was to be deducted from the purchase money going to the vendor, and was in no event to...
- Sec. 374a. Owner Can Not, By Refusing To Convey, Avoid Liability To The Broker For Earned Commissions
- An owner can not, by refusing to convey, avoid liability to the broker for services rendered in procuring a purchaser while the contract of employment was in force. Johnson v. Huber (Kan. Sup. '09), 1...
- Sec. 375. Principal Refusing To Sell, Broker Not Entitled To Commission, In The Absence Of An Established Custom
- It is the custom of land agents or brokers in Wisconsin to charge and receive three per cent. of the amount of the purchase money. K. verbally employed P., a land broker, to sell for him certain land...
- Sec. 376. Broker Not Deprived Of Commissions As To Part Of Consideration Paid By Other Property
- Where a broker produces an acceptable purchaser in the manner and under the agreement stated, he will not be deprived of his commissions because the principal part of the consideration for the land by...
- Sec. 377. Broker Agreeing To Take Real Estate For Compensation, On Refusal Can Recover In Cash
- A broker who, after performance of his contract, agrees to take real estate as compensation, upon the principal's refusal to convey the realty, is entitled to recover the commission in cash. Morey v. ...
- Sec. 378. Broker Originally Agreeing To Take Realty For Compensation, On Refusal, Can Not Recover In Money
- The plaintiff, who was a real estate broker, agreed before certain commissions were earned by him, to take payment of them in lots of land, and afterwards selected the lots he would take; a deed there...
- Sec. 379. Release To Owner By One Broker Left The Other Entitled To One-Half Of Remaining Land
- An owner employed a broker to procure a purchaser for a tract of land; the broker, with the owner's consent, employed a third person to assist in procuring a purchaser; the owner thereupon executed an...
- Sec. 380. Release By Vendor Of Vendee From His Obligation Does Not Deprive Broker Of Right To Commissions
- A broker has earned his commissions when he has presented a customer whom the owner accepts, and evidences such acceptance by entering into an enforceable, binding contract; the action of the vendor i...
- Chapter VII. Agents
- 381. Agent to collect rent not authorized to employ broker to sell land. 381a. Agents to rent and care for land may purchase for themselves. 382. Broker required to refund commissions when he has ...
- Sec. 381. Agent To Collect Rent Not Authorized To Employ Broker To Sell Land
- The issue was, whether one executing a contract on behalf of a landowner had authority so to do, and it was shown that 330 he was authorized by one who was engaged in renting property and collecting r...
- Sec. 381a. Agents To Rent And Care For Land May Purchase For Themselves
- Agents to rent and care for land, not agents for the sale thereof; held, entitled to negotiate and purchase for themselves, though the owner did not know that they were the real purchasers. Fred Brown...
- Sec. 383. Receipt By Broker, Signed By Himself As Agent, Binds Him Individually
- Where brokers, making a sale, give the vendee a receipt for the first payment, signed by themselves as agents, in which it is stated, it is agreed that in case the title appears to be not good, this ...
- Sec. 384. Where Agent Gives Receipt In Name Of Principal, Purchaser Must Look To Latter
- Where an agent receipts for money in the name of his principal, the purchaser must look to the latter to account for it, and can not recover from the agent, whether the latter has delivered it to his ...
- Sec. 385. Recepit In Name Of Principal, Purchaser May Recall Before Money Is Paid To Him
- If a party who has paid money to an agent for the use of his principal becomes entitled to recall it, he may, upon notice to the agent, recall it, provided the agent has not paid it over to his princi...
- Sec. 385a. Receipt Of Broker For Purchase Money Bound Owner
- Where real estate brokers conducted negotiations between plaintiffs and defendant for a sale of land, receipt by them of the purchase money from defendant was in legal effect a receipt thereof by plai...
- Sec. 386. Creditor Authorized To Collect Rent Can Not Pay Therefrom His Own Debt
- A. authorized B. to collect certain rents, and directed him to apply them, (1) to the payment of certain demands due to third. persons, and then to the payment of a mortgage held by B. B. collected th...
- Sec. 387. Agent To Collect Rent Must Apply The Same As Directed By Principal
- Where defendant, after he had been, by an instrument in writing, authorized by the owner of land to collect rents and make certain disposition thereof, accepted an order by such owner directing him to...
- Sec. 388. Broker Acting In The Interest Of Others, Not Entitled To Share In Transaction Negotiated For Principal
- An agreement that a land agent shall have an interest in transactions negotiated by him, does not entitle him to share in a transaction in which he acted for other persons from whom he received compen...
- Sec. 389. Broker Purchasing Property Not Entitled To Commissions For Its Sale
- An agreement by a real estate agent to divide commissions on the sale of certain property if plaintiff should find a purchaser does not entitle plaintiff to a share of the commission, where he and a t...
- Sec. 389a. Agent Can Not Become The Buyer Of The Principal's Property, Even When Sold At Particular Price
- An agent can not become the buyer of the principal's property, even when there is a sale at a particular price. Ruckman v. Burgholz, 37 N. J. L. 437; Armstrong v. Elliott, 29 Mich. 485. Compare Secs. ...
- Sec. 389b. When Employed To Purchase, Agent Can Not Sell His Own Property To Principal
- When employed to purchase an agent can not sell his own property to his principal. Deep River, etc., v. Fox, 4 Ired. (N. C.) Eq. 61; Banks v. Judah, 8 Conn. 145; Matthews v. Light, 32 Me. 305; Copelan...
- Sec. 389c. Circumstances Under Which Agent Had A Right To Purchase The Property For Himself
- Defendant was employed to effect a purchase of real estate at a price not to exceed $51,000, and to take a contract therefor in his own name, to be assigned to plaintiff. Held, that after using all re...
- Sec. 390. Broker Employing Liable For Fraud Of Sub-Agent
- A broker is liable for the fraud of a sub-agent employed by him, and not in privity with the broker's principal. Barnard v. Coffin, 141 Mass. 37, C H. E. 364; Estes v. Crosby, 175 N. W. 933, amend, o...
- Sec. 390a. Sub-Agent Acting In Good Faith Not Liable For Mistake Of His Principal
- Where a sub-agent had reasonable grounds to understand that the price given him by the principal agent was the owner's price, and concealed no material fact within his knowledge from the purchasers, h...
- Sec. 391. Sub-Agent Concealing Fact From Principal Deprived Broker Of Right To Commission
- Where a sub-agent conceals from the principal the fact that he is acting for the agent, the latter can not recover a commission. Mullen v. Bower, 22 Ind. App. 294, 53 N. E. 790. See also Secs. 25, 291...
- Sec. 392. Sub-Agent Exceeding Authority Can Not Bind The Principal For Commissions
- An agent to receive bids for property, who has no authority to consummate a sale, can not appoint a sub-agent so as to bind the principal for commissions on a sale made to a purchaser found by such su...
- Sec. 392a. Broker Selling On Terms Varying From Instructions
- Where a broker was employed to sell property to certain persons on a payment down of $17,500, he could not bind his principal by accepting a part payment of $10 only, and hence was not entitled to th...
- Sec. 392b. Broker Departing From Instructions In Making Sale
- A broker employed to find a purchaser who would pay the purchase price, and in addition assume such assessments as might be levied against the property, did not comply with the terms given him so as t...
- Sec. 393. Principal Not Liable To Compensate Sub-Agent Employed By Broker
- Ordinarily the principal is not liable to compensate a sub-agent employed by the broker to sell the property, although authorized to take any steps necessary. Carroll v. Tucker, 21 N. Y. S. 952, 2 Mis...
- Sec. 394. Broker Not Liable For Poor Sale By Sub-Agent
- If an owner of land employs a broker to sell it, and the broker employs an agent in the place where the land is, and the broker honestly believes an offer made by the agent to be a good one, and so st...
- Sec. 394a. When Agent Without Implied Power To Appoint Sub-Agent
- The power of a real estate broker to give an option for a limited time, and to extend such time, is in the nature of a personal trust, so as to negative any implied power to appoint a sub-agent for wh...
- Chapter VIII. Sub-Agents
- 395. Sub-agent violating instruction. 396. Sub-agent entitled to share of one-half commissions. 396a. Sub-agent confined, to share stipulated, and not entitled to share of extra commission to chief. ...
- Sec. 395. Sub-Agent Violating Instructions In Obtaining Offer In Advance Of Bids
- One who has been employed by the agent to assist him in obtaining bids for property, was not acting under that authority when he advised others to make the principal an offer in advance of the bid obt...
- Sec. 396. Sub-Agent Ordinarily Entitled To Share Of One-Half The Commissions
- Where, in an action for a division of broker's commissions, defendant agreed to pay one-half of the commissions earned on the sale, and defendant admitted receiving $287.50, it was proper for the cour...
- Sec. 396a. Sub-Agent Confined To Share Stipulated, And Not Entitled To Share Of Extra Commission To Chief
- Where owner of property agreed to pay plaintiffs 5% commission for a sale, and they engaged defendants to assist them, agreeing to give them 3/4 of such commission, they are not entitled to share any ...
- Sec. 397. Agreement With Sub-Agent To Divide Fees Binding On Producing Purchaser
- Where plaintiff was authorized by the owner of land to sell it, and agreed to share the commission with defendant in case the latter found a purchaser, the contract was unilateral, binding on neither ...
- Sec. 397a. Sub-Agent Entitled To Half Commission Growing Out Of Combined Option And Sale
- There was a consummation of a sale to a customer of plaintiff, a real estate agent, so as to entitle him to half the commission under an agreement with defendant, another real estate agent, though onl...
- Sec. 397b. Sub-Agent Employed To Assist Entitled To Recover Regardless Of Value Of Service Rendered
- In an action against brokers to recover for services rendered in assisting them in making a sale, plaintiffs right to recover did not depend on whether he was the procuring cause, but whether he did a...
- Sec. 398. One Employing An Agent To Find A Purchaser Liable For Commissions
- One who employed a broker to find a purchaser for real estate, and who did not disclose to the broker that he was acting as an agent, and did not disclose his principal until after the broker had foun...
- Sec. 399. Secretly Learning Price Of Property And Sending Buyer, Broker Not Entitled To Commissions
- Where owners of real estate expressly refused to employ the plaintiff, a broker, in selling their property, it was held that the mere fact that the plaintiff, having ascertained the price charged for ...
- Sec. 399a. Broker Entitled To Commission On Sale By Owner To His Customer Stopping Broker From Completing
- Broker entitled to commission for sale made by owner after holding up negotiations begun by the broker. Hutto v. Stough & Hornsby, 47 S. 1031, 157 Ala. 566; Alexander v. Smith, 61 S. 68, 180 Ala. 541....
- Sec. 400. Secretly Representing Both Parties Defeats Broker's Right To Commissions
- A real estate agent who secretly undertakes to represent both parties, is not permitted to recover commissions from either. Williams v. Moore-Gaunt Co., 3 Ga. App. 756, 60 S. E. 372; Hess v. Gallagher...
- Sec. 401. Giving Commissions To Purchaser's Agent Vendor Acts In Bad Faith, But Contract Not Void
- The act of the vendor in giving secret commissions to the vendee's agent, although contrary to good faith and the policy of the law, does not make the contract of sale absolutely void. Lightcap v. Nic...
- Sec. 402. Broker Required To Exercise Such Skill As Is Employed By Persons In His Calling
- A broker is required to use such skill as is ordinarily possessed and employed by persons of common capacity engaged in the same trade or business, and such diligence as persons of common prudence are...
- Sec. 403. Broker May Be Responsible For The Sufficiency Of The Security
- Where a vendor relies on his broker in the sale of property, he must exercise reasonable care in passing on the sufficiency of the security taken for the price, if he has accepted that responsibility....
- Sec. 403a. Contract Held To Guaranty Payment Of $8,000 For Land Sold At Public Sale
- Provision in a contract by which defendant was to sell land for plaintiff at public sale; held, a guaranty that defendant would pay plaintiff $8,000 in cash on the day of sale. Barkley v. Atl. Coast R...
- Sec. 404. Broker Must Account To Principal For Money Received And Withheld, And Statute Of Frauds No Protection
- Although an appointment in writing is necessary to constitute one an agent for the sale of real estate, one who sells real estate as the owner's agent would not be justified in retaining the differenc...
- Sec. 404a. Broker Required To Account For Proceeds Of Land Sold By Him In Trust To Pay Debts Of Owner
- Where an owner conveyed land to brokers upon a contract that they should sell it, and out of the proceeds pay his debts, and turn over the balance, after deducting their compensation, such brokers, up...
- Sec. 405. Broker For Seller, Member Of Purchasing Syndicate, Bars Commissions
- The fact that, unknown to the principal, a member of a firm employed to sell land belongs to the syndicate to which the land was sold, bars the first from recovering commissions for the sale, though t...
- Sec. 406. Broker Giving Names Of Syndicate To Owners, And Before Formed Latter Sells To Others, Broker Barred Commissions
- In an action by a real estate broker to recover commissions it appeared that he furnished the names of the members of a purchasing syndicate to the owner, but the syndicate was not fully formed, and a...
- Sec. 407. Tenants In Common Jointly Liable For Broker's Commissions
- Where land is owned by two tenants in common, and is placed in the hands of one, who sells it through a broker, the owners are jointly liable for the broker's commissions. Clifford v. Meyer, 6 Ind. Ap...
- Sec. 407a. Three Brothers Employing Agent To Sell Realty For Family Personally Liable On Contract
- Where three brothers assumed to act for themselves and other brothers and sisters in employing an agent to sell farm belonging to them, the three were personally liable for the whole commission if the...
- Sec. 408. Broker Effecting Sale On Lower Terms Than Authorized Loses Commissions
- A broker must follow the instructions of his employer; therefore, one who is promised compensation if he will procure a purchaser for property on certain terms can not claim compensation for effecting...
- Sec. 409. Terms Of Authorization Can Not Be Varied By The Broker
- A letter authorizing agents to sell land for $2,200, provided that the party could pay $700 down, and the balance in one, two and three years, does not authorize them to sell for $1,000 down and the b...
- Sec. 409a. Owner Not Bound To Accept Customer From Broker At Less Price Than Stipulated
- Defendant owner was not bound to accept from plaintiff bro-ber a customer at a price less than that stipulated, although he was at liberty to accept a less price from another customer. Mullen v. Crawf...
- Sec. 410. Terms Of Half Cash Complied With By Sale For All Cash On Delivery Of Deed
- Where a contract authorizes an agent to sell land for $15,000, about one-half cash, but is silent as to a sale for any larger sum, or as to receiving more than one-half cash, or as to the form in wh...
- Sec. 410a. Broker Authorized To Sell For Half Cash And Remainder On Time Can Not Sell For All Cash
- A broker employed to sell land for one-half cash and balance on credit, can not recover a commission on the owner refusing to consummate a sale for all cash, unless the credit required to be extended ...
- Sec. 411. Where The Contract Of Employment Is Modified, Broker's Rights Depend Upon The New
- The terms of a contract of employment may be modified by a subsequent agreement, express or implied, the same as any other contract, in which case the broker's right to compensation depends upon the m...
- Sec. 411a. Written Authority To Sell Realty Can Not Be Modified Orally
- Where, after written authorization to brokers to negotiate an exchange of specific property was withdrawn, the brokers were orally requested to negotiate an exchange of a part of the property on diffe...
- Sec. 412. Broker Failing To Disclose To The Principal The Best Terms Loses Right To Commissions
- A broker employed to buy or sell property is not entitled to compensation where he fails to act in good faith and disclose to his principal the best terms upon which the transaction can be consummated...
- Sec. 412a. Broker Understating Price Obtainable Liable To Principal For Loss
- If the broker employed to sell or exchange property understates to the principal the best price or arrangement obtainable, the principal is entitled to recover from him the difference between that obt...
- Chapter IX. Sec. 413. Unless Clothed With Power By Owner No One Can Transfer Title To Another's Land
- 413. Unless clothed with power by owner no one can transfer title to another's land. 414. Fraudulent acts of broker may give rise to an action of tort. 414a. Proceedings to enforce one remedy barred ...
- Sec. 414. Fraudulent Acts Of Broker May Give Rise To An Action Of Tort
- If a broker employed to sell property understates to his principal the price received by him and appropriates the difference, must account to him therefor. Collins v. McClurg, 1 Colo. App. 348, 29 P....
- Sec. 414a. Proceeding To Enforce One Remedy Barred Any Other
- In an action by some of the members of a syndicate which own an equitable interest in property, the legal title to which is held by another in trust for all the members,'for the amount received by the...
- Sec. 415. Unauthorized Negotiations Of Brokers Not Ratified By The Sale By Owner To Customer
- Defendants employed plaintiff to procure a purchaser for a ranch, and subsequently revoked the agency, and in the course of subsequent correspondence continually insisted that the ranch was not for sa...
- Sec. 416. Broker Accepting Valuation Made By Buyer, Principal Bound Thereby
- Where an agent negotiating a sale of the interest in an estate accepts the valuation of the property made by the intending purchaser, and fails to examine the county records, or take other steps to in...
- Sec. 416a. Owner Bound By Legitimate Effect Of His Language Rather Than His Own Understanding Of Its Import
- Where the language used by the owner, in conference with the broker, and the attending circumstances, were such as to justify the broker in believing that an extension of time in which to make the sal...
- Sec. 417. In Some States Power To Sell And Convey Land Includes Power To Give Covenants Of Warranty
- In some jurisdictions the power to sell and convey land includes authority to convey it with covenants of general warranty. Taggart v. Stanberry, 2 McLain (U. S.), 543; Peters v. Farnsworth, 15 Vt. 15...
- Sec. 418. In Some Jurisdictions The Power To Sell With Covenants Of Warranty Must Be Specially Conferred
- A broker employed to sell real property has ordinarily no power to effect a sale with warranty, and if he does it is such a departure from his authority that the contract will not bind the principal. ...
- Sec. 418a. Broker To Sell Land Has No Power To Bind Principal By Contract To Sell And Convey
- Where brokers were authorized to purchase and sell lands at a specified price, under certain conditions, or to find a purchaser, they had no power to bind their principal by a contract to sell and con...
- Sec. 419. Broker May Sell A Contract For The Sale Of Real Estate Without Written Authority
- Penal Code, Sec. 640d, requiring written authority to authorize a broker to sell real estate for clients, does not apply to the employment of brokers to sell a contract for the sale of real estate at ...
- Sec. 419a. Contract With Broker To Sell Land Not Required To Be In Writing
- Where the authority given to a broker to effect a sale of land does not require the contract of sale to be in writing, the agreement to pay him a commission is not within the statute of frauds, and is...
- Sec. 420. It Is The Duty Of The Principal To Collect Purchase Money Notes On Which Commissions Depend
- Brokers procured purchasers for a mine, who offered one-half cash and their unsecured notes for the balance; these terms were unsatisfactory to the owner, but he agreed with the brokers to sell on the...
- Sec. 420a. Duty To Collect Purchase Price Devolves On Seller
- Though a broker's contract of employment provided that he should not receive commissions unless the deal was closed, and that the commissions were payable from the proceeds of the sale, the broker, in...
- Sec. 420b. Vendors Not Required To Accept Payments For Land By Checks
- Vendors under contract with broker for the sale of land, terms one-half down, and the balance in five equal annual payments/' can not be required to accept payments by check, and they need not bind t...
- Sec. 421. Presumption By Continuing Negotiations After Revocation That Agent Acts For Purchaser
- Where a broker is notified by a vendor that he will pay no commissions, and thereafter continues the negotiations for a sale, it is presumed that he is the agent of the purchaser and looks to him for ...
- Sec. 421a. One Receiving An Inquiry From A Broker As To The Price Of Land May Infer He Is Acting As Agent For Another
- Where defendant knew that plaintiff was a real estate broker, he could infer, upon receiving an inquiry from plaintiff as to the price of property, that the latter was acting as agent for another in s...
- Sec. 422. Authority To Sell For Specific Sum, Did Not Authorize Part Cash And Mortgage
- A broker's authority to sell land for a specific sum, did not authorize an agreement to sell for a part of the price in cash, the balance to be represented by a mortgage on the premises. Stengel v. Sa...
- Sec. 422a. Authority To Sell For Specified Sum Is For Cash Only
- A broker authorized to sell real estate for a specified sum, for a commission in excess of that sum, has authority to make a cash sale only. Slayback v. Wetzel (Mo. App. '09), 123 S. W. 982. See also ...
- Sec. 422b. Allegation In Broker's Petition For Finding A Purchaser For Land Held To Mean Either Wholly Or Partly For Cash
- The allegation of a petition in an action for commission for procuring a purchaser for real estate, that defendant agreed that if plaintiff could procure a purchaser he would pay him all over $6,000 f...
- Part IV. Commissions And Compensation Of Agents. Chapter I
- 423. Broker entitled to commissions on quantity. 423a. Broker entitled to agreed commissions and not limited to computation on lesser sale price. 423b. Broker entitled to commission on sale of ...
- Sec. 423. Broker Entitled To Commissions On Quantity Contracted For, Although Less Owned
- Where the terms of sale are fixed by the vendor, in accordance with which the broker introduced a proposed purchaser, and upon the procurement of the purchaser the vendor voluntarily reduces the price...
- Sec. 423a. Broker Entitled To Agreed Commissions And Not Limited To Computation On Lesser Sale Price
- A promise to pay a broker for selling land a commission on the price I may accept if sold through your agency, means a commission on the price agreed to be paid for the property, and not only on the...
- Sec. 423b. Broker Entitled To Commissions On Sale Of Landa Other Than Those Listed
- A letter closing correspondence whereby vendor authorized brokers to sell his lands, stating that commissions would be paid upon all lands listed in said letter, but stating that such was only a parti...
- Sec. 423c. Broker's Right To Commissions Predicated On Contractual Relations With Alleged Principal
- A real estate broker's right to compensation must be predicated on contractual relations between himself and his alleged principal. Ludeman v. English, 189 P. 531. ...
- Sec. 424. Broker Interfering In Another's Transaction Not Entitled To Commissions
- A broker on being offered a commission to find a purchaser for certain lands, presented the matter to one who took it under advisement for a time, and then, wishing to signify his acceptance, sought t...
- Sec. 425. Broker Agreeing To Look To The Purchaser For Commissions Bound By His Election
- Plaintiff, a real estate broker, was employed by defendant to sell or exchange for him a farm and four lots, the farm at $5,000, or the whole at $13,000, and agreed to pay plaintiff commissions theref...
- Sec. 425a. Broker Employed To Purchase Not Entitled To Commissions From Seller
- Plaintiff, a real estate broker, being employed by B., a person desirous of purchasing a residence, to find for him such a place as he desired, introduced him to defendant, who had a place to sell, an...
- Sec. 426. Broker Not Entitled To Commissions On Contract At Set Price And Sale At Less
- A broker hired to sell property at a certain price can not recover commissions for effecting a sale at a lower price, and the appellate court held that the case was properly taken from the jury. Willi...
- Sec. 426a. Owner Selling Land For Less To Broker's Customer Liable For Commission
- An owner of land who sold directly to a purchaser found by the broker at a price less than that at which it was listed is liable for the broker's commissions. Davis-Fisher Co. v. Hall, 148 N. W. 713, ...
- Sec. 427. Broker Not Entitled To Commissions, As Contract Secured Was Not A Lease
- Plaintiffs, real estate brokers, were employed by defendant to procure a lease of certain real estate owned by her; they negotiated an agreement for a lease, the terms of which she could not perform, ...
- Sec. 427a. Acceptance Of Change Of Sale Contract To Option By Broker Held Not To Bind Principal
- Where a broker authorized to sell land wrote his principal that he had a tentative contract on different terms requiring different payments, a reply accepting such change did not ratify broker's act i...
- Sec. 428. Immaterial Variance In Description Did Not Deprive Broker Of Commissions
- Where plaintiff made a contract by which he was to have the exclusive right for twenty days to effect a sale of defendant's farm, and the contract of purchase which he secured described the land as co...
- Sec. 428a. Wrong Description Insufficient To Defeat Broker's Right To Commissions
- An owner of land listed it with a real estate broker to be sold within a given time, at a stated price, agreeing to pay the broker ten per cent. if he sold it, and five per cent. if the owner sold it,...
- Sec. 428b. What Circumstances Fell Short Of A Variance
- Where, in an action by a broker for commissions, the complaint alleged that he was employed to procure a purchaser of real estate for a commission, on condition that plaintiff would at once advise the...
- Sec. 429. Broker Securing Loan For A Less Amount, Which Is Accepted, Entitled To Commissions
- In an action upon an agreement to pay a broker a commission for obtaining a loan, it appeared that a loan for a less amount was obtained, and at first accepted, but subsequently declined by the princi...
- Sec. 430. Broker To Procure A Loan Entitled To Commissions On Finding A Lender
- A broker employed to effect a loan is entitled to his commissions when he has found a lender who has the money and who approves of the security, unless his rights are varied by special contract; there...
- Sec. 431. Broker Failing To Report Finding Lender Not Entitled To Commissions
- Where an application for a loan is made to a broker, who secures a party willing to make the loan, but does not so notify the applicant, and after the time has elapsed within which the broker was to p...
- Sec. 432. Where Broker Negotiated With Two Jointly, Sale By Owner To One Bars Commissions
- Plaintiff employed as a broker by defendant to sell certain real estate, but not having the exclusive right to sell, carried on negotiations with two persons for a purchase by them together, but did n...
- Sec. 433. Broker Not Entitled To Commissions Where Contract Void By Statute Of Frauds
- A real estate broker is not entitled to commissions, where a sale to his customer is not consummated, and the executory contract of sale is not binding under the statute of frauds. Wilson v. Mason, 15...
- Sec. 433a. Contract Of Employment Of Broker Void By Law Of State Where Made, Void Everywhere; Also Exceptions To Application Of Statute Of Frauds
- Where a real estate broker's employment contract is void in the state where made, because not signed by both parties, it is void everywhere, and no subsequent agreement or act based on it can give it ...
- Sec. 433b. Statute Recited Making Broker's Contract For The Sale Of Real Estate Void After One Year
- Laws 1911, c. 157, providing that contract making one an agent for the sale of real estate shall become void after one year, unless the time of termination is fixed, rendered a contract for the exclus...
- Sec. 433c. Contract Of Broker Held Defective By Trial Court Because Of Printed Signature Excepted By Appellate Court As Contract Had Been Acted Upon
- Allegation of a broker's employment contract is not sufficient under Rev. Stat. 1913, Sec. 2628, because signature of the broker was printed; held error, where he had acted on the contract. Berryman v...
- Sec. 433d. Where Contract Void, Notes Collectible, The Moral Obligation Being Sufficient Consideration
- Though the oral promise to pay a commission for effecting an exchange of land was unenforceable, being within Comp. Laws 1915, Sec. 11981, a note given by the landowner for the amount of such commissi...
- Sec. 434. Principal Capriciously Refusing To Appraise Can Not Deprive Broker Of Commissions
- Where a broker is employed to negotiate for a house his compensation to be paid for in diamonds, no particular diamonds being particularly identified, and the broker finds a house and the principals a...
- Sec. 435. Where Purchaser Refusing To Take, Knew The Real Length Of Lot, Broker Barred Commissions
- In an action by a real estate broker to recover commissions earned, on the ground that the purchaser refuses to take the property on account of false representations of the length of the lot, a verdic...
- Sec. 436. Where Vendor Signifies Repudiation Of Contract Tender Not Necessary For Broker To Recover Commissions
- Where a contract of sale has been revudiated by the vendor, proof of tender of performance by the vendee is not necessary, in an action by the broker against the vendor for his commissions on the sale...
- Sec. 437. Where Broker Unsuccessfully Negotiated With F, Sale By Owner To F And Others Bars Commissions To Broker
- Where a broker's contract for the sale of land required not only the finding of a purchaser but a sale to him by the broker, and it was specially agreed that no commission should be paid unless a sale...
- Sec. 438. Broker Not Entitled To Commissions Where Party To Make Exchange Does Not Show Good Faith
- A contract of exchange negotiated by a broker, incompletely executed by the broker's principals, does not show willingness to perform by the alleged purchaser, where the form of the contract and the w...
- Sec. 439. Unless Broker Has Exclusive Agency Not Entitled To Commissions On Sale By Another Agent
- A broker who is unsuccessful in effecting a transaction in behalf of the principal is not entitled to commissions upon the success of another broker, unless the principal gives him an exclusive agency...
- Sec. 440. Broker Entitled On Sale By Owners To Proportionate Commissions On Share Of Two Tenants In Common
- Where a broker had the exclusive control of property for the purpose of sale so far as two of the several tenants in common could confer it, and was attempting to sell when the owners sold, he can rec...
- Sec. 440a. Broker Entitled To Commission On Sale Of Land In Proportion As Payments Were Collected
- Where defendants agreed to pay plaintiffs as a commission for securing a contract for defendants, all above a specified price, the commission to be paid in proportion as we receive the money, plaint...
- Chapter II. Sec. 441. Broker Preventing Competitive Bidding Not Entitled To Commissions
- A broker employed by a guardian of an incompetent person to sell real estate is not entitled to commissions if he offered money to another bidder to induce him to refrain from bidding on the same agai...
- Sec. 442. Broker Can Not Charge Commissions Against Beneficiary
- Recovery of a real estate broker's commissions for procuring a purchaser can not be charged against one who merely had a beneficial interest in the property without authority to sell, and who, so far ...
- Sec. 443. Volunteers
- A mere volunteer, though he brings the parties together and is the efficient means of procuring a sale, a lease, or an exchange of property, is not entitled to a commission. Albert Booth Cohn v. Lee, ...
- Sec. 444. Interference By Breaking Into Negotiations Started By Another Agent
- A broker interfering with another's transaction is not entitled to a commission. Reynolds v. Tompkins, 23 W. Va. 229; Jenks v. Nobles, 42 I11. App. 33. Where a broker to sell advertises the property a...
- Sec. 445. The First Broker Who Succeeds Is Entitled To The Commission
- Where two or more brokers are employed, ordinarily the first who succeeds in actually producing a purchaser and consummating a sale is entitled to full commissions. Whewell v. McLernon Realty & Const...
- Sec. 446. Broker Who Was The Procuring Cause Of The Sale Is Entitled To The Commission
- The agent who is the procuring cause of the sale is entitled to compensation. See also Sec. 219. ...
- Alabama
- Alexander v. Smith, 61 S. 68, 180 Ala. 541. ...
- Arkansas
- Steivel v. Lolly (Ark. Sup. '09), 115 S. W. 1134; Bogne v. Marshall (Ark. Sup. '08), 114 S. W. 714; Hunton v. Marshall, 76 Ark. 375, 88 S. W. 963; Scott v. Patterson, 53 Ark. 419, 13 S. W. 419. ...
- California
- Zeimer v. Antisell, 75 Cal. 509, 17 P. 642. ...
- Colorado
- Anderson v. Smythe, 1 Colo. App. 253, 28 P. 478; Babcock v. Merritt, 1 Colo. App. 84, 27 P. 882; Geiger v. Kiser (Colo. Sup. '10), 107 P. 267; Lawrence v. Weir, 3 Colo. App. 401, 33 P. 646; Scott v. L...
- Connecticut
- Hoadley v. Banbury Sav. Bk., 71 Conn. 599, 42 A. 667, 44 L. R. A. 321; Duncan v. Kearney, 72 Conn. 585, 45 A. 358; Williams v. Clowes, 75 Conn. 155, 52 A. 820. ...
- Delaware
- Hawkins v. Chandler, 8 Houst. (Del.) 434, 32 A. 464; Held-meyer v. Cleaver, 104 A. 635 (Del. Super.). ...
- District Of Columbia
- Bryan v. Albert, 3 App. (D. C) Cas. 180; Clark v. Morris, 30 App. (D. C.) Cas. 553. ...
- Georgia
- Indian Trust Co. v. Sandlein, 125 Ga. 222, 54 S. E. 65. ...
- Idaho
- Church v. Denning, 14 Ida. 776, 96 P. 263. ...
- Illinois
- Henry v. Stewart, 185 I11. 448, 57 N. E. 190; Rigdon v. Moore, 226 I11. 382, 80 N. E. 901; Sievers v. Griffin, 14 I11. App. 63; Davis v. Gassett, 30 I11. App. 41; Adams v. Decker, 34 I11. App. 17; Jen...
- Indiana
- Clifford v. Meyer, 6 Ind. App. 633, 34 N. E. 23; Mullen v. Bowen, 26 Ind. App. 253, 59 N. E. 419; Shelton v. Lundin (Ind. App. 10), 90 N. E. 387. ...
- Iowa
- Kelley v. Stone, 94 Iowa, 316, 62 N. W. 842; Stanford v. Bell, 99 Iowa, 545, 68 N. W. 817; Semple v. Rand, 112 Iowa, 616, 84 N. W. 683; Rounds v. Alee, 116 Iowa, 345, 89 N. W. 1098; Hun v. Ashton, 121...
- Kansas
- Driesbach v. Rollins, 39 Kan. 268, 18 P. 187; Marlott v. Elliott, 69 Kan. 477, 77 P. 104; Votaw v. McKeever, 76 Kan. 870, 92 P. 1120. ...
- Kentucky
- Biggins v. Miller, 109 Ky. 203, 22 L. R. 702, 58 S. W. 580; Collier v. Johnson, 23 Ky. L. R. 2453, 67 S. W. 830; Hopkins v. Moseley, 31 Ky. L. R. 1308, 105 S. W. 104; Hobbs v. Miller, 14 Ky. L. R. 719...
- Louisiana
- Taylor v. Martin, 109 La. 137, 33 S. 112. ...
- Maine
- Straut v. Hubbard (Me. Sup. '08), 71 A. 1020. ...
- Maryland
- Schwartz v. Yearly, 31 Md. 270; Livezy v. Miller, 61 Md. 336; Walker v. Baldwin, 106 Md. 619, 68 A. 25. ...
- Massachusetts
- Desmond v. Stebbins, 140 Mass. 339, 5 N. E. 150; Bowling v. Merrill, 165 Mass. 491, 43 N. E. 295; Whitcomb v. Macon, 170 Mass. 479, 49 N. E. 742; French v. McEay, 181 Mass. 485, 63 N. E. 1068; Sulliva...
- Michigan
- Ellsmore v. Gamble, 62 Mich. 543, 29 N. W. 97; Wood v. Wells, 103 Mich. 320, 61 N. W. 503. ...
- Minnesota
- Armstrong v. Wann, 29 Minn. 126, 12 N. W. 345; Putman v. Howe, 39 Minn. 363, 40 N. W. 258. ...
- Missouri
- Brennan v. Roach, 47 Mo. 290; Stande v. Blesch, 42 Mo. App. 578; Russell v. Poor (Mo. App. '08), 119 S. W. 433; Goffe v. Gibson, 18 Mo. App. 1 Ramsey v. West, 31 Mo. App. 676; Millan v. Porter, 31 Mo....
- Nebrasea
- Frenzer v. Lee (Neb. Sup. '02), 90 N. W. 914; Butler v. Kennard, 23 Neb. 357, 36 N. W. 579; St. Felix v. Gries, 34 Neb. 800, 52 N. W. 821; Hambleton v. Fort, 58 Neb. 282, 78 N. W. 498; Craig v. Weed, ...
- New Jersey
- Shepherd v. Hadden, 29 N. J. L. 334; VreeZand v. Vetterlein, 33 L. J. L. 247; Derrichson v. Quimby, 43 N. J. L. 373. ...
- New Mexico
- Jackson v. Brower, 167 P. 6, 22 N. M. 615. ...
- New York
- Lloyd v. Matthews, 51 N. Y. 124; Sussdorf v. Schmidt, 55 N. Y. 319; Wylie v. Marine Nat. Bk., 61 N. Y. 415; Colwell v. Tompkins, 158 N. Y. 690, 53 N. E. 1124; Walton v. McMorrow, 175 N. Y. 493, 67 N. ...
- North Carolina
- Kinsland v. Grimshaw (N. C. Sup. '07), 59 S. E. 1000. ...
- Oregon
- Wolverton v. Tuttler, 51 Ore. 501, 94 P. 961; Jennings v. Trummers, 52 Ore. 149, 96 P. 874. ...
- Ohio
- Roush v. Loeffler, 18 Cir. Ct. 806, 6 0. Cir. Dee. 760. ...
- Oklahoma
- Yarborough v. Richardson, 131 P. 680, 38 Okl. 11. ...
- Pennsylvania
- Earp v. Cummins, 54 Pa. St. 394; Haines v. Bigner, 9 Phila. 51; Burchfield v. Griffith, 10 Pa. Super. Ct. 618; Inslee v. Jones, Brightly, 76; Gibson's Est, 3 Pa. Dist. 147, 14 Pa. Co. Ct. 241. ...
- Rhode Island
- Greene v. Mitchell, 102 A. 516, - R. I. Sup. - . ...
- South Carolina
- Goldsmith v. Coxe, 80 S. C. 341, 61 S. E. 555. ...
- South Dakota
- Wychoff v. Kerr (S. D. Sup. '09), 123 N. W. 733. ...
- Texas
- Bowser v. Field (Tex. Civ. App. '91), 17 S. W. 45; Smith v. Fowler (Tex. C. A. '09), 122 S. W. 598; Newton v. Dickson (Tex. Civ. App. '09), 116 S. W. 143; Brown v. Shelton (Tex. Civ. App. '93), 23 S....
- Virginia
- Cannon v. Bates, 80 S. E. 581, 115 Va. 711. ...
- Washington
- Norris v. Byrne, 38 Wash. 592, 80 P. 808; Frink v. Gilbert, 101 P. 1088, 53 Wash. 392; Bore v. Jones, 126 P. 413, 70 Wash. 157; Parker v. Seattle Land & Imp. Co., 165 P. 1086, - Wash. Sup. - . ...
- West Virginia
- Cooper v. Upton (W. Va. Sup. '09), 64 S. E. 523. ...
- Wyoming
- Murphy v. W. & W. Live Stock Co., 187 P. 187, re. den., 189 P. 857, - Wyo. Sup. - . ...
- England
- Bray v. Chandler, 18 C. B. 717, 86 E. C. L. 718; Murray v. Curry, 7 C. & P. 584, 32 E. C. L. 771; Colonial Trust Co. v. Pac. Packing & Nav. Co., 158 Fed. 277, 85 C. C. A. 539. Compare Sec. 581. If a ...
- England. Continued
- Where an owner of real estate sets machinery in motion to induce a sale of real estate through the agency of a broker, and a sale results through the broker's intervention, it is not material that the...
- Chapter III. Sec. 447. Continuity Broken, And Its Effect Upon The Rights Of The Broker
- Plaintiff had a contract with defendant by which in consideration of special efforts of the former to sell a house belonging to the defendant, and of advertising the house in a circular which plaintif...
- Sec. 448. Sequence Broken, And Its Effect Upon The Broker's Right To Commissions
- A broker who negotiated with one person, who called the attention of another to the property, and that other bought from the vendor, or through another broker, is not entitled to commissions; to be en...
- Sec. 449. Consummation Of Contract
- Where a broker is employed to sell or exchange property the terms of the employment may require the completion of the contract or transfer of the title before compensation is earned, unless the act of...
- Sec. 450. Introduction Of Prospective Purchaser
- The introduction by a broker of a prospective purchaser to the principal held sufficient to establish a contract of employment. Carroll v. O'shea, 19 N. Y. S. 374. Introduction to the owner, followed ...
- Sec. 450a. Broker Entitled To Compensation On Furnishing Name Of Prospective Purchaser To Owner
- A broker who furnishes the name of a purchaser to the owner, . while the former is willing to execute a binding contract, is not chargeable with failure to procure such contract so as to lose his righ...
- Chapter IV. Sec. 451. Effect Of Representations As To Dimensions Of The Property Offered
- Defendant employed plaintiff to sell a piece of property for her representing to him that it was seventy-six feet in depth. Plaintiff procured a purchaser to whom defendant made the same representatio...
- Sec. 451a. Owner Bound By Representation Of Location Of Land To Purchaser By His Agent
- Purchaser of land could rely upon the representations of the seller's agent as to the true location of the land, such representations being within the ordinary scope of the authority of real estate br...
- Sec. 451b. Sufficient Description Of Property As Required By Statute
- Transaction of broker to sell real estate, required by Civil Code, Sec. 1624, subd. 6 to be in writing; held, to sufficiently describe the property, stating county, street and road, with acreage, and ...
- Sec. 452. Purchaser Acting For Another
- The fact that the purchaser secured by the real estate broker was acting in behalf of another, does not affect the broker's right to a commission, if the purchaser was able, ready and willing to buy o...
- Sec. 453. Apportionment
- Where the evidence shows that defendant's contract to pay plaintiff certain commissions for the sale of lands is either a joint contract with that of other owners of the land or his individual contrac...
- Sec. 454. Defeat Of Broker's Right To Commissions
- A real estate agent who carries on the negotiations between the parties and finally brings them together, is entitled to his commissions, though the trade is eventually effected by the owner himself o...
- Sec. 454. Defeat Of Broker's Right To Commissions. Part 2
- In an action by a real estate agent to recover commissions for trading defendant's house and lot, where it appears that part of the consideration to be paid by the purchaser was a horse, and that defe...
- Sec. 454. Defeat Of Broker's Right To Commissions. Part 3
- Where, in an action by a real estate broker for compensation for procuring a purchaser, it appeared that a memorandum as to the purchase had been made between the principal and the purchaser, calling ...
- Chapter V. Sec. 455. Deals
- Where an owner of real estate asks a real estate broker to get a deal, it is not necessary for the real estate broker to assent in words; if he procures a purchaser he makes a contract by performanc...
- Sec. 456. Excess In Price As Compensation
- A real estate agent employed to sell land for a certain net price is not entitled, in the absence of a contract therefor, to any excess over such price that he may obtain for the land, there being no ...
- Sec. 457. Failure Of Broker To Sell
- Where a broker brought a prospective purchaser before the owner of land, and the prospective purchaser, upon being told the price, left without taking any action. the broker was not entitled to a comm...
- Sec. 458. Failure To Consummate Contract Of Sale
- To entitle a real estate broker to his commission, he must produce a person who actually purchases the property by complying with the terms agreed upon, unless his failure to do so is caused by the fa...
- Sec. 458a. Negotiations Not Constituting A Contract, Broker Not Entitled To Commission
- Broker employed to procure another to undertake the sale of a tract of land; held, not entitled to commissions, because the negotiations between the principal and said other party did not constitute a...
- Sec. 459. Failure Of Sale By Defect In Title
- A contract of employment may be so drawn as to deprive the broker of the right to a commission, if the transaction should fall through because of a defect in the principal's title. Louisville, etc. R....
- Sec. 460. Failure Of Purchaser To Carry Out The Contract
- If the principal and the customer found by the broker enter into a valid contract, and the purchaser fails to make the deferred payments and surrenders possession to the vendor, the broker is not depr...
- Sec. 460a. Broker Employed To Purchase Entitled To Commission For Services
- In an action by a broker for commissions for purchasing real estate, where defendant authorized to pay $27 an acre, and plaintiff obtained a price of $28, which defendant agreed to pay, and availed hi...
- Sec. 461. Failure Of Consideration
- Partial failure of consideration is no defense to an action on a note executed and delivered by the vendee to the broker for a commission for making a sale or exchange of real estate. Wade v. Bishop, ...
- Sec. 462. Forfeitures
- The plaintiff, a real estate broker, having in his hands certain property of the defendant for sale or exchange, arranged for an exchange with C, and a contract was executed by C. and the defendant, b...
- Chapter VI. Finances
- 463. Financial conditions. 464. Financial responsibility of purchaser. 465. Finding a purchaser. 466. Gratuities. 467. Goods exchanged for land. 468. Broker entitled to commissions in stock of ...
- Sec. 463. Financial Conditions
- The fact that the principal cures the defect in his title, does not deprive the broker of his right to a commission, where the principal gave no notice that the defect was cured until six months after...
- Sec. 464. Financial Responsibility Of Purchaser
- Where the proposed purchaser was, at the time of the signing of the contract of sale, ready to make the payment then due, the broker is not required to show that the purchaser had sufficient funds on ...
- Sec. 465. Finding A Purchaser
- In the absence of a special contract a broker was not entitled to a commission on merely bringing a purchaser who was ready, willing and able to pay the price demanded, where no sale was made because ...
- Sec. 466. Gratuities
- Without an express contract providing therefor, a broker is not entitled to a commission for rendering a service for which, by the local custom, no charge is made. Conrey v. Hoover, 10 La. Ann. 437. ...
- Sec. 467. Goods Exchanged For Land
- Defendant agreed to pay plaintiff a commission for finding a purchaser with whom he could exchange his stock of goods for land, and the plaintiff secured a contract with P. to exchange a certain tract...
- Sec. 468. Broker Entitled To Commission In Stock Of Insurance Company
- A broker was employed to procure a purchaser of a farm for an agreed commission; he found a purchaser who purchased the farm and paid for it in the stock of an insurance company; the owner agreed to t...
- Sec. 469. Broker Entitled To Commissions Where Sale Was Enjoined
- An agent who, under a contract, produced a person able and willing to purchase real estate is entitled to his commissions, although the sale is afterwards enjoined. Gibson v. Gray, 17 Tex. Civ. App. 6...
- Sec. 470. When Broker Is Not Entitled To Full Commission Until Price Paid
- Where the purchase money of a mine was payable in installments, and the broker's commissions were to be deducted from each installment as paid, it is error to render judgment for the full amount of co...
- Sec. 471. Broker Not Informing Principal Of Customer Defeats Commissions
- A real estate agent who fails to induce a customer to pay the price of land demanded by the owner, but predicts that he will ultimately pay the price, is not entitled to commissions where the owner af...
- Sec. 472. Knowledge By Broker That Principal Owns But Part Of The Property Offered, Does Not Defeat His Commissions
- A broker's right to commissions for procuring a purchaser for land under an agreement therefor, is not affected by the fact that he knew the principal had title to only five-sixths of the land. Martin...
- Sec. 473. Litigation Instituted By Third Persons Does Not Defeat The Broker's Right To Commissions
- A broker is entitled to commissions where a purchaser was obtained through his agency, the agreement for sale and purchase being complete, and only prevented from consummation by litigation instituted...
- Sec. 474. Methods Of Earning .commissions By Broker
- There are at least three different methods of earning commissions under an agency for the sale of real estate (1) by effecting a binding contract of sale, under authority given to the agent to make a ...
- Sec. 474a. A Broker Employed To Sell Real Estate Is Not Required To Prepare A Contract Of Purchase
- A broker employed to sell real estate is not required to prepare a contract of purchase. Brackenridge v. Claridge, 42 S. W. 1005, 91 Tex. 527; O'Connell v. Casey, 92 N. E. 804, 206 Mass. 520. ...
- Sec. 475. Broker Who Merely Brings The Parties Together Is A Middleman, And May Recover From Each
- If the broker merely brings together two parties who desire to exchange or sell their lands, and his employment then ends, and the parties themselves settle the terms of the transaction, he is a mere ...
- Sec. 476. Sale Of Mine By Broker, Not Within Description, Not Entitled To Commissions
- An agreement providing that defendant should pay the plaintiff a certain commission on any sale made through him, or to pay the same percentage on any sale made through a certain bond or agreement ma...
- Sec. 476a. Broker Not Performing Contract Who Produces Contract To Buy Asking For Abstract Additional
- An agreement by a purchaser to purchase if abstracts showed title to the satisfaction of the purchasers therein, is not a performance of the broker's agreement to sell, specifying the terms, which mad...
- Sec. 477. Modification Of Contract, Not Assented To By Broker, Does Not Affect Commissions
- Defendant's agreement to pay plaintiff a certain amount for furnishing a purchaser for land is not revoked by defendant's statement to plaintiff, after furnishing the name of one who afterwards became...
- Sec. 477a. When Told Of Prospective Purchaser By Broker, Owner May Then Raise The Price
- When land was listed with broker at a certain net price, and broker showed the land one morning to a party who showed an interest at the listed price, and made an appointment to return in the afternoo...
- Sec. 478. Modification Of Contract By Owner In Broker's Presence Did Not Affect Commissions
- The fact that the terms of a sale of realty, as stated to the broker, were modified by the owners as to the commissions, in the broker's presence, and the purchaser's proposal as to the method of paym...
- Sec. 479. Modification Of Contract By Broker Performing Other Services Modifies Right To Commissions
- Where a broker's duty is not merely to procure a purchaser, but to perform some other agreed services, within a reasonable time or within a limited time, the general rule as to what is required of him...
- Sec. 479a. Owner Must Satisfy Broker's Right To Commission In The One Of Two Methods Left To Exercise
- Where a contract for a real estate agent's commission reserved to the principal a choice between two methods of satisfaction, and he disables himself from adopting one, he must adopt the other. Avery ...
- Sec. 480. Broker Agreeing To Accept Corporate Stock For Commissions, Not Entitled To Recover In Money
- Where, by the contract in regard to a sale of property, a broker arranges with all the parties that the compensation shall be paid in certain stock of a company to be formed by him and others to buy t...
- Sec. 481. Net Price To Owner, Does Not Entitle Broker To Excess
- A real estate broker to sell land for a certain net price is not entitled, in the absence of a contract therefor, to the excess over such price that he may obtain for the land. Snow v. McFarlane, 51 I...
- Sec. 482. Net Price To Owner, Broker Selling Thereat Not Entitled To Any Commission
- A broker was orally employed to procure a purchaser of a farm within five days, at a price which should net the owner $11,000 and the broker $875; thereafter the broker stated in writing that any arra...
- Chapter VII
- 483. Net price to owner and note for excess to broker - On vendor's refusal broker entitled to commission. 484. Net price, broker entitled to excess from first payment made. 485. Where owner ...
- Sec. 483. Net Price To Owner And Note For Excess To Broker, On Vendor's Refusal Broker Entitled To Commissions
- Defendant employed plaintiff to effect a sale of his land so as to yield $2,500. plaintiff to receive as compensation all she could obtain above that sum; she procured a purchaser for $2,880, $2,500 t...
- Sec. 483a. Broker Not Entitled To Commission When To Be Paid By Purchaser Who Defaulted
- Owners of land gave brokers notes in payment for services payable only out of the money to be paid by W., purchaser, or his assigns. The contract between owner and purchaser provided that on default o...
- Sec. 484. Net Price, Broker Entitled To Excess From First Payment Made
- Where a land-owner employed a broker to sell land on an understanding that he should have as his commissions anything that could be obtained over a specified price, the broker was entitled to his comm...
- Sec. 485. Where The Owner Changed The Contract From Gross To Net Price Liable To Broker For Commissions
- Plaintiff procured a contract authorizing him to sell defendant's timber land on a five per cent. commission, and, having found a purchaser, presented to defendant for his signature an option giving t...
- Sec. 486. Broker's Commissions Computed On Actual Amount Received
- An agent who agreed to sell a farm for two per cent. on a certain amount, and three per cent. on all received in excess of that amount, is not entitled to commissions on the value of part of a crop wh...
- Sec. 487. Failing To Disclose That Nominal Is Not The Real Purchaser Does Not Defeat The Broker's Commissions
- A mere failure to disclose to the principal that the nominal purchaser is not the real purchaser does not amount to a fraud to deprive the broker of commissions. Veasey v. Carson, 177 Mass. 117, 58 N....
- Sec. 487a. Liability To Broker For Commissions Depends Upon The Real Parties To The Bargain
- Liability to a broker for commissions is not dependent upon what parties formally entered into the written contract of sale offered to, or negotiated in by, the principal, but wholly upon who constitu...
- Sec. 488. Broker Entitled To Commissions Where Non-Per-. Formance Of Contract Not Occasioned By His Fault
- A broker is entitled to a commission where the customer found by him and the principal enter into an enforceable contract of purchase or sale, although one or both of the parties refuse to comply with...
- Sec. 489. Where Neither Principal Nor Broker Effecting Sale Had Notice Of Other Broker's Negotiations, He Is Not Entitled To Commissions
- Where neither the principal nor the broker effecting the sale had notice of former negotiations with the other broker the latter is not entitled to a commission, especially where she failed to bring t...
- Sec. 489a. Direct Sale By Owner To Unknown Broker's Customer Defeats Latter's Right To Commission
- Under broker's contract to find a cash purchaser of property, price to be determined by negotiations between owner and buyer, where sale was made directly by owner, but not on cash terms, broker is no...
- Sec. 490. Principal Selling Before Expiration Of Time Given Broker, Without Notice, Broker Entitled To Commissions
- A broker is entitled to commissions where the principal sells before the expiration of the agency, without giving the broker notice of the sale. Woodall v. Foster, 91 Tenn. 195, 18 S. W. 241; Cadigan ...
- Sec. 491. Reporting Offer Of $16,000 Instead Of $15,000 Did Not Deprive Broker Of Commission
- The fact that a broker reports to his principal that an offer of $16,000 for the land has been made instead of $15,000, does not affect his right to a commission where, as a result of his negotiations...
- Sec. 492. Oral Contract To Sell Land, Followed By Written Contract, Entitles The Broker To Commissions
- Rev. Stat. 1899, See. 3418, provides that no contract for the sale of lands made by an agent shall be binding on the principal unless the agent is authorized in writing to make the contract. Held, tha...
- Sec. 492a. Specific Contract Supersedes Prior Indefinite Contract Of Agency
- A contract employing a broker to procure a purchased for a specified sum held to supersede a prior contract indefinite in terms. Arizona Parrall Mining Co. v. Forbes, 146 P. 504, 16 Ariz. 395. ...
- Sec. 492b. Parol Contract Can Not Take Property Out Of Hands Of Broker Held Under Written One
- A parol agreement between the owner and the broker held to preclude the taking of the property out of the hands of the agent as provided in a former written instrument. Shadwick v. Smith, 143 S. W. 10...
- Sec. 492c. Broker's Specific Written Contract Supersedes Ordinary Rule As To Payment Of Commissions
- Written agreement between a broker and the owner as to the amount and payment of his commission; held, to supersede the ordinary rule that a broker earns his commission when he procures the execution ...
- Sec. 493. Broker Entitled To Commissions For Sale Of Four Houses, Not Entitled To Proportionate Amount For One
- Where a broker is entitled to a commission of one-third of the excess above a certain amount realized on a sale of four houses, he is not entitled to a proportionate amount on the sale of only one hou...
- Sec. 493a. Broker Entitled To Commission For Sale Of House On Installments
- A broker employed to sell a house on installments is entitled to his commission upon procuring one ready to enter into an option contract with owner, and penalty of forfeiture in case of nonperformanc...
- Sec. 494. Broker Entitled To Commissions For A Sale Of Lots, Not Entitled To Same Rate For A Large Body Of The Land
- A contract to pay a certain commission on a sale of lots at a fixed price out of a body of land, does not entitle the agent to a commission at the same rate for a large body of the land. Louisville Bd...
- Sec. 495. Broker Promised Commissions For Selling Part, Entitled To The Same Rate For Selling All
- Where defendant agreed to pay plaintiff for his services one-half of the proceeds of the sale of two mining claims, but in the sale of these, with others, the interests are not separately valued, the ...
- Sec. 496. Broker Who Failed To Sell All, Entitled To Commissions On Sale Of Part By Owner To His Customer
- Where a broker was employed to sell a whole tract of land, or a part thereof, and after negotiating the broker failed to make a sale and an attempt was made to discharge him; but he continued his neg...
- Sec. 496a. Broker Employed To Sell Entire Tract Of Land Must Do So To Earn Commission
- A contract consisting of letters engaging real estate brokers to find a purchaser for land, in consideration for which they were to receive all of the price received in excess of $10 per acre, constru...
- Sec. 496b. On Owner Wrongfully Terminating Contract To Sell Entire Tract, Broker Entitled To Value Of Services Rendered
- Where defendant, without right, terminated a contract providing for closing of each sale as made, but not entitling plaintiffs to compensation unless they sold the entire tract, plaintiffs held entitl...
- Sec. 496c. Selling In Different Acreage Portions From That Prescribed Barred Broker Of Commission
- Where a broker was only authorized to sell the entire tract, or a certain specified part thereof, he could not recover commissions upon selling a part of the tract of a different acreage than that whi...
- Sec. 496d. Broker Entitled To Commissions When Three-Fourths Of Collections Enough To Pay Them
- Under a real estate brokerage contract giving the broker a commission of 20% of the list price and one-half of the overage on the prices obtained above the list price, broker is entitled to his full c...
- Sec. 497. Share Of Profits On Sale Through Sub-Agent Not Defeated By Unfair Dealing Of Latter
- Where plaintiff, who was the sales agent for certain property, authorized defendant to sell the same, and agreed to divide the profits with him, any unfair dealing on defendant's part with plaintiff's...
- Sec. 497a. Broker Entitled To Share Of Profits On Re-Sale Of Land Purchased
- Agreement that defendant was to have one-third of profits on resale of land purchased by plaintiff, held, complied with, where defendant looked after property, and was helpful in negotiations resultin...
- Sec. 498. Commissions Payable On Sale, And Not On Collection Of Deferred Payments
- Where a vendor instructed his agent that he would take $15 per acre for his part of the land, and accepted the terms of a sale for part cash and part in deferred payments, with security, the agents' c...
- Sec. 498a. Agreement By Broker To Wait For Commission Until Owner Sold Farm Held To Mean For A Reasonable Time
- An agreement by a broker to take his client's note for his commission, and wait for its payment until the client sold the farm received in exchange, was merely an agreement to wait for a reasonable ti...
- Sec. 499. Commissions Are Due When Contract Is Made With Purchaser Produced By Broker
- Real estate commissions become due and payable when the broker has produced a purchaser with whom the owner entered into a valid and enforceable contract. Dennis v. Walters, 123 I11. App. 93. Where a...
- Sec. 499a. Broker's Commissions Are Earned When Contract Of Exchange Is Executed
- Where a broker is employed to effect an exchange of property. he earns his commission when the contract of exchange is executed. RohKohl v. Sussmann, 113 N. Y. S. 586, 61 Misc. 246. See also Sec. 449....
- Sec. 499b. Commission Not Due Until Actual Transfer Made
- A note evidencing the commission to be paid to plaintiff for procuring a purchaser for defendant's land was directed to plaintiff and signed and delivered by the defendant. It provided that if the dea...
- Sec. 499c. Owner Who Refused To Convey Land Liable To Broker For Commission, Though Date Of Settlement Fixed As Time Of Payment
- A vendor of land who agreed to pay real estate brokers their commission on the day of settlement, but refused to convey, is liable, though a date of settlement was fixed by the contract. Rauchwanger v...
- Sec. 499d. When Lease Not Executed, Broker Barred Commission Under His Contract
- In an action for brokers' commissions for furnishing tenants, that the defendant refused to execute a lease, a contract between defendant and the brokers that they should not be entitled to commission...
- Sec. 499e. Where Contract Provided Purchaser Should Pay Broker's Commission, On Owner's Breach, Latter Not Liable Therefor
- Where a contract between the broker and the owner specified that the purchaser should pay broker's commissions, the broker could not recover commissions from the owner, under the contract, though he r...
- Sec. 499f. Where Broker Guilty Of Fraud Or Misrepresentation, Defeating Sale, Not Entitled To Commission
- Where a broker is engaged to procure a purchaser for defendant's premises, and defendant enters into mutual contract with the purchaser so procured, the broker's commission is earned, as a general rul...
- Sec. 499g. Broker Entitled To Commission Although Agreement Contemplated Execution Of A Further Contract
- Vendor's broker is entitled to commissions, where prospective purchaser executes valid contract of purchase, although such agreement contemplated that it would be followed by another contract. Karahad...
- Sec. 499h. Although Contract Provided For Payment Of Commissions As Purchaser Paid, On Breach, All Became Due
- Where broker's contract with owner provideo for payment of commissions pro rata as purchase price was paid, broker is entitled to entire commission upon cancellation of owner's contract with purchaser...
- Chapter VIII
- 500. Broker entitled to commissions on actual payment by defaulting vendee. 500a. Broker limited to commissions on $1,000, although property later sold for $12,500. 501. Broker's right to ...
- Sec. 500. Broker Entitled To Commissions On Actual Payments By Defaulting Vendee
- The owner of land authorized a broker to make a sale thereof, commissions to be paid out of the payments as made, and a letter in setting forth the terms of sale provided that on default by the purc...
- Sec. 500a. Broker Limited To Commissions On $1,000, Although Property Later Sold For $12,500
- Plaintiff negotiated a lease of lands belonging to W., under a verbal contract whereby he was to receive a commission of one-third the rent per annum. Before the expiration of the lease W. died, and t...
- Sec. 501. Broker's Right To Commissions Not Defeated Because To Be Paid From Purchase Money
- A broker may recover a commission of his principal, although the sale made is not consummated, if it fails solely on account of a defect in the vendor's title of which the broker was neither notified ...
- Sec. 502. Principal Liable For Commissions On Sale To Customer At Lower Price, Unless A Fixed Price Required
- Where a principal makes a sale to a purchaser found by the broker, having availed himself fo the broker's services, he is liable for the commission, although the sale is made at a lower price than tha...
- Sec. 503. Where Principal Agreed To Pay Commissions Upon Receipt Of Price, Broker Not Entitled Before
- The principal agreed to pay the broker a commission for selling land when the vendees paid a certain sum and gave their note and mortgage for the balance, the vendees executed their note but never pai...
- Sec. 503a. Broker Not Entitled To Commission For Contract To Purchase Differing As To Deferred Payments
- Where brokers were authorized to sell lands under an agreement which provided that deferred payments should be secured by a deed of trust on the entire premises, they are not entitled to commission fo...
- Sec. 504. Commissions Are Usually Payable Upon Completion Of The Transaction
- A real estate broker is entitled to the commissions agreed on for the successful negotiation of an exchange of property placed in his hands, if the terms of the exchange are accepted by the owner, as ...
- Sec. 505. Broker Entitled To Commissions Although Purchaser Pays More Than He Authorized Broker To Offer
- Where the principal tried to get the broker to negotiate a trade of his land for a house, stating that he was willing to give $1,000 boot, and would give plaintiff $100 if the trade was consummated an...
- Sec. 506. Where Purchaser Defaulted Broker Entitled To Commissions On Actual Payments
- A receiver of an insolvent bank employed the services of an agent to effect a sale of certain realty which he held in right of the bank, agreeing that the agent should receive ten per cent. commission...
- Sec. 507. Cases Where Plaintiff Was Held Not To Be The Procuring Cause Of Sale, And Not Entitled To Commissions
- Hallyday v. Southern Farm Agency, 100 Md. 294, 59 A. 646; Wood v. Burton, 47 N. Y. S. 184, 21 Misc. 326; Burd v. Webster, 128 Wis. 118, 107 N. W. 23; Goff v. Hurst (Ky. Ct. App. '09), 122 S. W. 148; F...
- Sec. 507a. Broker Who Is The Procuring Cause Of Sale Entitled To Commission
- That owner of land negotiated with purchaser of land before agent approached such purchaser would not bar the agent's right to commission if he was, in fact, the procuring cause of the sale. Rowland v...
- Sec. 508. Where Sale Frustrated Through Failure To Partition, Broker Entitled To Commissions
- Defendant authorized plaintiff, a real estate broker, to sell land, and through him a contract of sale to W. was made of a definite number of acres, eighteen of which were to be made up by defendant's...
- Sec. 509. Partial Performance Entitles Broker To Recover Neither On Contract Nor On Quantum Meruit
- Where a petition by a broker to recover commissions counted on an express contract by defendant to pay a certain price, if plaintiff obtained a purchaser for the entire tract of timber land, etc., and...
- Sec. 510. Agent In Charge Of Real Estate, Securing Responsible Tenant, Entitled To Recover On A Quantum Meruit
- A complaint alleged that plaintiffs were employed to take charge of defendant's real estate, as agent to rent the same and collect the rents; that they performed their part of the contract by procurin...
- Sec. 511. On Principal Selling, Broker Could Recover For Services On A Quantum Meruit
- Where, after defendant had employed plaintiff to sell certain standing timber at specified price and terms, he availed himself of plaintiff's services and sold the timber to an employe of the person w...
- Sec. 512. Principal Selling For Less Than Agreed Price, Broker Entitled To Recover On A Quantum Meruit
- An agent under a contract with his principal was to receive all in excess of a stipulated price for which certain timber sold, provided he obtained a purchaser at a price considerably in excess of the...
- Sec. 513. In The Absence Of An Express Contract Broker Procuring A Purchaser May Recover On A Quantum Meruit
- A broker to procure a purchaser for real estate is entitled to such commissions as are usual for procuring a purchaser for property of similar character and value, unless a different compensation is a...
- Sec. 513a. In Absence Of Fixed Rate, Measure Of Broker's Compensation The Value Of The Service Rendered
- Upon a suit by a broker to recover ordinary commissions for effecting the sale of a colliery, it appeared that commissions ranged from five to twenty-five per cent. Held, in the absence of evidence of...
- Sec. 514. Demand By Broker For $10,000 To Release Lien Defeated His Right To Commissions
- Complainant's agent executed an agreement in her name, without her authority, giving defendant the exclusive right to purchase or sell a farm for a period of one year for $20,000, and in case defendan...
- Sec. 514a. Owner Entitled To Counterclaim For Expenses Of Suit To Remove Cloud On Title Caused By Broker Recording Contract Breached By His Misrepresentations
- If a broker suing for a commission for negotiating a contract to exchange land, which was repudiated by defendant principal, induced the defendant to execute contract through fraudulent misrepresentat...
- Sec. 515. First Broker Held To Have The Right To Commissions By Second's Relinquishment
- Where M., who was to receive a commission for a sale of B.'s land, turned over the sale of the land to L., agreeing that L. should have the commissions therefor, to which B. consented before a sale wa...
- Sec. 515a. Waiver Of Variance In Contract By Acquiescence
- Though the taking of notes payable on or before maturity was a technical variation from authority to sell on time at a specified rate of interest, the vendor waived his right when, on seeking time for...
- Sec. 515b. Owner Accepting Purchaser Waived Requirement From Broker As To Financial Ability
- Broker not required to prove that his purchasers were ready, willing and able to buy, where defendants, on receiving notice of the sales, wrote plaintiff and the proposed purchasers confirming the sam...
- Sec. 515c. Broker Must Prove Financial Ability Of Purchaser, And Ordinarily This Is Not Waived By Owner's Acceptance
- Broker must procure a purchaser able and ready to comply with the terms of sale, and where no contract is made there is no waiver of this condition though the owner accepts the purchaser, unless he ha...
- Sec. 515d. Broker, To Recover Commission, Must Show That Variance In Purchaser's Contract Was Waived By Owner
- Where a contract of sale consummated by a broker did not conform to the enlistment contract, the broker is not entitled to recover, unless he can show that the departure from the enlistment was waived...
- Sec. 515e. Where Owner Paid Second Broker For Furnishing Purchaser, First Having Waived His Rights, Latter Not Entitled To Recover
- Where one realty broker, with whom land was listed, turned a second broker over to the owner, with the statement that such second broker was his associate, and that any arrangement made with him would...
- Sec. 515f. Waiver By Party To Exchange That Other Party Should Assume Mortgage On Former's Premises
- A requirement of defendant's offer to exchange lands made to brokers that the other party should assume a mortgage was waived, where the other party only agreed to take the property subject to the mor...
- Sec. 516. If Authority To Secure A Purchaser Is Revocable, Broker Finding After Barred Commissions
- By the statement of a real estate owner to a broker that if the latter or any one else could secure a purchaser for the land by a certain date, on terms specified, the land might go, gives the broker ...
- Sec. 517. If The Customer Reserves The Right To Withdraw From The Transaction If Title Bad, If Exercised, Bars Commissions
- If the customer reserves the privilege to withdraw from the transaction, in case he finds, upon examination, that the title is bad, the broker is not entitled to a commission upon the customer's refus...
- Sec. 517a. On Breach Of Contract To Exchange Lands, Broker Can Not Recover From Wrongdoer The Commission Agreed To Be Paid By Other Party
- Where a broker employed by defendant and a third person to exchange their respective lands, induced them to enter into a valid contract for an exchange, and defendant was financially able to carry out...
- Sec. 518. Unless Exclusive Rival Broker Not Entitled To Commissions On Sale By The Other
- Unless real estate brokers had the exclusive right to make a sale of certain property, they were not entitled to a commission if the sale was made by some one else, even though they secured a purchase...
- Sec. 519. Broker And Sub-Agent Stand In Similar Relation As To Compensation As Do Principal And Agent
- A real estate broker and his sub-agent stand relatively in the same position, with reference to the right to compensation, as do the principal and the broker. Leonard v. Roberts, 20 Colo. 88, 36 P. 88...
- Sec. 520. Sub-Agent Entitled To Share In Commissions Though He Violated Instructions
- The fact that a sub-agent in his first negotiations with the customer violates the instructions of the owner to the agent by asking more than the price fixed, will not estop him from claiming a share ...
- Sec. 520a. Broker Liable To Sub-Agent Though Property On Sale Found Not To Belong To Vendor
- A real estate broker employed to sell land, who agrees to pay another broker a commission, if he procures a purchaser therefor, is liable for the commission if a purchaser is procured, though he after...
- Chapter IX
- 521. Sub-agent entitled to commission for sale made after revocation of authority. 522. Sub-agent denied recovery of unlawful commissions. 523. Typical casea in which the subagent was held entitled ...
- Sec. 521. Sub-Agent Entitled To Commission For Sale Made After Revocation Of Authority
- Where the owner of real property employed an agent to find a purchaser therefor, and the latter, within the scope of his authority, but without the owner's knowledge, employed a broker for the same pu...
- Sec. 522. Sub-Agent Denied Recovery Of Unlawful Commissions
- A broker procured a customer for another broker, with the understanding that the latter should charge for procuring a loan of money at a rate prohibited by statute, and that such commissions should be...
- Sec. 523. Typical Cases In Which The Sub-Agent Was Held Entitled To Recover Share Of Commissions
- The owner of certain real estate of one hundred acres in extent placed the same in the hands of defendants with authority to sell it for him at the rate of $4,000 per acre; that thereafter defendants ...
- Sec. 523a. Contract Between Agent And Sub-Agent Need Not Be In Writing
- Cobbey's Ann. Stat. 1911, Sec. 10856, requiring contracts of employment of brokers to sell land to be in writing; held, not to apply to contract between agent and sub-agent. Reasoner v. Yates, 134 N. ...
- Sec. 524. Sub-Agent Not Entitled To Recover Of His Principal For Sale Made At Reduced Price
- A broker for the sale of lands who agreed to pay other brokers a certain sum out of his own commissions, if they sold at a certain price, but who had no interest in the land, as such brokers knew, is ...
- Sec. 525. Sub-Agent Entitled To Commissions, Though He Failed To Give The Name Of Purchaser
- Where, in an action on a contract for division of broker's commissions, there was evidence that defendant sold the property to the purchaser secured by plaintiff, in accordance with the contract betwe...
- Sec. 526. Broker Selling To Railroad Instead Of To Syndicate Entitled To Commissions
- A broker who is promised a commission for selling a street car line to a certain syndicate is entitled to a commission on effecting such sale to a railroad company organized by the syndicate, and the ...
- Sec. 527. Broker Entitled To Commissions Though Sale Other Than That Contemplated
- To secover on a contract providing for payment for services for promoting the sale of a street railway, on the conclusion of any trade with the prospective vendee, it is immaterial that the trade fi...
- Sec. 528. Broker's Right To Commissions Not Affected By Owners' Suppositions
- The fact that defendant sold to a person who he thought was purchasing for himself and not for the church, does not affect plaintiff's right to his commissions, where, after learning that the purchase...
- Sec. 529. Broker's Erroneous Advice As To Liability For Sewer Tax Defeated Right To Commissions
- A broker was employed to procure a purchaser of real estate; he procured a purchaser who contracted for the purchase thereof; the owner executed a warranty deed conveying the premises to the purchaser...
- Sec. 530. Broker Failing To Name Purchaser In Telegram To Principal Does Not Defeat Commissions
- Where a broker employed to the effect a sale has found a purchaser willing to buy upon the terms named, and of sufficient responsibility, he is entitled to the commissions, although in the telegram an...
- Sec. 530a. Broker Entitled To Compensation, Though He Did Not Disclose To Principal Buyer's Name
- A realty broker who is the procuring cause of his principal's sale of realty is entitled to the agreed compensation, though he did not disclose the name of the prospective purchaser to his principal, ...
- Sec. 531. Where Vendor Sought To Vary Terms, And Purchaser Refused To Take, Broker Entitled To Commissions
- Evidence in an action for broker's commissions held sufficient to show that he procured a purchaser on the terms named by defendant, and that the purchaser refused to enter into a contract because def...
- Sec. 532. Broker Entitled To Commissions On Bringing Parties Together, Though They Contract On Different Terms
- A land owner can not avail himself of the services of an agent who procured a purchaser, to effect a sale himself to such purchaser, and thereby deprive the agent of his commissions, nor can he merely...
- Sec. 532a. Broker Contracting For Commission On List Price Entitled To Same Rate On Greatly Reduced Price
- Where broker was to receive a commission of 2 1/2% on a sale of property for $250,000, he was entitled, when through his efforts the property was sold for $210,000, to 2 1/2% commission on the latter ...
- Sec. 533. On Making A Sale Defect In The Title Does Not Deprive The Broker Of Right To Commissions
- A broker employed to effect a sale or lease of property, or employed to effect a loan on the security of real estate, who acts in good faith, is entitled to the commission, although the transaction fa...
- Sec. 534. Where Customer Exercises Right To Withdraw If Title Defective, Broker Barred Commissions
- It has been held that if a customer reserves the privilege to withdraw from the transaction in case he finds the title defective upon examination, the broker is not entitled to commissions upon the re...
- Sec. 535. Where Broker Is To Have Part Of The Profits On The Sale, Not Entitled Where It Fails By Defect In Title
- Where a broker agrees to sell land upon condition that the owner shall first make $500 out of the sale, the broker to have the rest of the profit as his commissions, he is not entitled to the commissi...
- Sec. 536. Payment Of Commissions To Broker May Depend On The Transfer Of Title
- Where a broker's commissions were not to be paid for until and unless title passed and the purchaser failed to complete his purchase, no right to commissions accrued. Fittichauer v. Van Wyck, 92 N, Y....
- Sec. 536a. Broker's Compensation Due On Breach By Vendor Although Postponed By Contract Till Title Passed
- Where a real estate broker agreed that compensation should be paid when title passed, that stipulation merely fixed the time for the payment of commission, and the broker's right to the same could not...
- Sec. 537. Broker Not Entitled To Commissions Where Customer Refused To Complete Purchase On Account Of A Supposed Defect In The Title
- A land agent is not entitled to commissions or compensation for procuring a purchaser of a plantation, where it is shown that the intended purchaser declined to complete the contract, without fault or...
- Sec. 538. Whether Principal Or Another Holds The Title, Broker On Producing Buyer Entitled To Commissions
- Where one employs a real estate agent to find a purchaser for property which he represents as his own, and on the agent producing a purchaser ready, able and willing to pay the price, refuses to compl...
- Sec. 539. Where Sale Defeated By Want Of Title, Which He Knew, Broker Barred Commissions
- Where the broker knew that the principal held only a mortgagee's interest in the property, and might not be able to obtain title by foreclosure, the broker could not recover commissions for negotiatio...
- Sec. 540. Ignorance Of Contract By Holder Of Record Title Did Not Defeat Broker's Right To Commissions
- Where defendant, having an option on land, put it in the hands of plaintiffs, real estate agents, to trade, and they traded it with one who, as well as defendant, to the knowledge of both, had agreed ...
- Sec. 541. Where Broker Produced A Purchaser And A Sale Failed By A Dispute Over Taxes, Broker Barred Commissions
- A broker is not entitled to commissions for procuring a purchaser of land, where the principal and the proposed purchaser failed to consummate the sale because of a dispute over taxes. Guthman v. Meye...
- Sec. 542. After Memorandum Contract Signed, And Purchaser Refused To Pay Water Tax, Broker Entitled To Commissions
- Defendant employed plaintiff to procure a purchaser for certain property at a specified price; plaintiff secured a purchaser at the price: defendant received a payment down and signed a memorandum, ex...
- Sec. 543. Unavailing Efforts To Perform Do Not Entitle A Broker To Commissions
- A broker is entitled to no compensation unless a bargain be effected, and even in that event has no claim for reimbursement of his expenses. Didem v. Duralde, 2 Rob. (La.) 163; Sherburne Land Co. v. E...
- Sec. 544. To Entitle A Broker To Commissions For A Sale His Negotiations Must Be Uninterrupted
- To entitle a broker to commissions, where the contract concluded differs from that which the broker was authorized to negotiate, the negotiations commenced by the broker must have continued uninterrup...
- Sec. 545. Undisclosed Agreement To Divide Commissions With Purchaser, Does Not Bar Broker's Right Thereto
- An agreement by real estate agents to divide their commissions with the purchaser of land, made without the knowledge of their principal, does not affect their right to recover the commissions which s...
- Chapter X
- 546. Broker not entitled to commissions until he has performed his undertaking. 546a. In some States reasonable compensation may be recovered for partial performance of an entire contract. 547. ...
- Sec. 546. Broker Not Entitled To Commissions Until He Has Performed His Undertaking
- A broker is not entitled to compensation until he has performed his undertaking. Ivy Coal Co. v. Long, 139 Ala. 535, 36 So. 722; Manby v. Turner, 13 Colo. App. 358, 57 P. 862; Cos-ton v. Quimby, 178 M...
- Sec. 546a. In Some States Recovery May Be Had For Partial Performance Of An Entire Contract In An Action For Reasonable Compensation Therefor
- In some States the doctrine of quantum meruit prevails to recover on failure to perform an entire contract the reasonable value of the services rendered - Michigan, Iowa, Nebraska, Kansas, Texas, Indi...
- Sec. 547. Broker Not Entitled To Commissions For Procuring Contract Subject To Approval Which Is Withheld
- A broker is not entitled to a commission, where he procures a contract between the parties subject to approval, and that approval has been withheld. Halprine v. Schachne, 54 N. Y. S. 1103, 25 Misc. 79...
- Sec. 547a. Broker Entitled To Commission On Alternative Contract, Which Did Not Bind The Buyer, Even Although He Approved The Title
- That the agreement with the broker was in the alternative, and did not bind the buyer to buy even if he approved the title, would not defeat the broker's right to compensation, since it was the fact t...
- Sec. 548. Broker Obtaining Purchaser For Vested Remainder On Different Terms Barred Commissions
- Where plaintiff was employed to sell a vested remainder owned by defendant for $55,000 net to the defendant, the purchaser to receive $175,000 if the life tenant should live less than ten years, and $...
- Sec. 549. Broker Does Not Earn Commissions If Contract To Be Void If First Payment Fails
- A broker employed to effect a sale does not earn his commissions by procuring one who enters into a contract with the principal which provides that the contract shall be void if the first of several p...
- Sec. 549a. Broker Acquiring Interest In Purchase And Contract Beyond Authority, The Same Is Void
- Where brokers in executing a contract for the sale of land did not follow their instructions contained in the option contract between themselves and the owner, and also contracted with the purchaser f...
- Sec. 550. Variance As To Name Of Ranch Sold Did Not Deprive Broker Of Right To Recover Commissions
- Where the plaintiff, in an action by a broker to recover commissions, set out in haec verba the written contract, which spoke of the land as the Abbey Ranch, the fact that the plaintiff showed where...
- Sec. 551. Broker Not Entitled To Commissions For Contract Too Vague For Enforcement On Failure Of Customer To Take
- A real estate broker employed to sell property procured from a prospective purchaser the following signed memorandum: I authorize Mr. M. to offer $220,000 for Mr. K.'s house, corner of Sixty-fourth a...
- Sec. 552. Withdrawal Of Land From Sale Entitled Broker, Under Contract, To Compensation
- By the terms of the contract of employment between the owners of land and a broker, commissions became due upon withdrawal of the property from sale within a certain time. Held, that the notice recite...
- Sec. 553. Withdrawal And Sale By Owner In Good Faith To Customer Bars Broker's Commissions
- A real estate broker is not entitled to commissions on a sale of property by the owner, after he has in good faith withdrawn it from the hands of the broker, at a time when no negotiations are pending...
- Sec. 554. Principal Paying Commissions To Broker Before Purchaser Withdrawing Can Not Recover Same
- Where a principal pays a broker his commission before the purchaser withdraws from the transaction, the broker being entitled thereto will retain the same. Moore v. Irvin (Ark. Sup. '09), 116 S. W. 66...
- Sec. 554a. Owner Allowed Recovery Of Withheld Money From Brokers Barred Recovery Of Commissions Paid
- Where an owner is permitted to recover from her brokers the amount they realized from an undisclosed offer above the amount of contract price, she can not also recover the commissions paid. Baldwin v....
- Sec. 555. Broker Entitled To Commissions Where Sale Failed Because Rights Of Two Heirs Were Not Acquired
- Where a sale of land negotiated by plaintiff for defendant failed because the record did not show that the defendant had acquired the alleged outstanding interests of two heirs in the land, plaintiff...
- Sec. 556. Where Purchaser Is In Default, Broker Not Entitled To Commissions
- A contract for the purchase of real estate provided that the same should be void, at the will of the vendor, if default should be made by the vendee in completing the purchase by making the future cas...
- Sec. 557. When Commissions Are Earned By Broker
- Where an agent, given authority to sell land, exercises his discretion as to price, examines the title, and fixes the price and terms, he may employ a real estate broker to find a purchaser, and a sal...
- Sec. 557. When Commissions Are Earned By Broker. Part 2
- Under a contract providing for the payment of commissions at the date of the payment of the purchase price, or in installments acording to payments by said purchaser, the broker was entitled to hi...
- Sec. 557. When Commissions Are Earned By Broker. Part 3
- 108 N. W. 291; Peet v. Sherwood, 47 Minn. 347, 50 N. W. 241, 929; Rothschild v. Burritt, 47 Minn. 28, 49 N. W. 393; Annabil v. Traverse Law Co. (Minn. Sup. '09), 121 N. W. 233; Huba-check v. Hazard, 8...
- Sec. 557. When Commissions Are Earned By Broker. Part 4
- Where the owner of property placed it with a real estate broker for sale, who accordingly advertised it, and the purchaser thus derived information that the property was for sale, and afterwards negot...
- Sec. 558. When Commissions Are Not Earned By Broker
- Ordinarily a broker is not entitled to commissions for performing services which by the local custom are rendered gratuitously. Courey v. Hoover, 10 La. Ann. 437. If a broker employed to negotiate a l...
- Sec. 558. When Commissions Are Not Earned By Broker. Continued
- Where a vendor employs a broker to effect a sale of land, and, relying wholly on the broker does not exercise his own judgment as to the responsibility of a purchaser found and presented by the broker...
- Part V. Pleadings, Practice And Judicial Constructions And Interpretations. Chapter I
- 559. Doctrine of public policy. 560. Acquiescence and waiver and effect upon brokers' rights. 561. Advertising and advertisements. 562. Accord and satisfaction. 563. Breach of contract. 564. ...
- Sec. 559. Doctrine Of Public Policy
- Plaintiff entered into a contract with defendants whereby he was to have a certain commission for furnishing a purchaser for their mine; he furnished a purchaser, a sale was made, and defendant refuse...
- Sec. 560. Acquiescence And Waiver, And Effect Upon Broker's Rights
- Where the vendor and a proposed purchaser disagree as to the terms of sale, and the broker, who is present, acquiesces in the inability of the parties to complete the contract, and the owner afterwar...
- Sec. 561. Advertising And Advertisements
- In a contract to pay for the services of a real estate broker in showing and advertising land, the term advertising must be construed as meaning the publication of a notice in a newspaper, or othe...
- Sec. 562. Accord And Satisfaction
- Where there was a bona fide contention between a broker and his principal as to whether the broker should be charged with the loss of a certain sum, and the broker retains and uses a check from the pr...
- Sec. 563. Breach Of Contract
- If a sale of land by the owner effects a breach of the contract with the agent, an action by the latter should be based on such breach, and not on a performance of the contract. Metzer v. Wyatt, 41 I1...
- Sec. 564. Correspondence
- Where a firm of real estate agents sends a letter to a land owner enclosing their business card and informing him what the business of the firm is, and also inquiring whether the land is in the market...
- Sec. 565. Advances
- The fact that a broker employed to sell land advanced the price to the purchaser did not make him the purchaser's agent. Goodson v. Embleton, 106 Mo. App. 77, 80 S. W. 22; Lawson v. Thompson, 10 Utah,...
- Sec. 566. The Borrower
- A company which is to receive a commission from the borrower for procuring a loan, and which makes out all the papers without knowing from whom the loan is to be obtained, and before submitting them t...
- Sec. 567. Acceptances
- Where one wrote across a draft accepted in the name of his principal, by himself as agent, but which acceptance, though authorized in fact, did not in law bind the principal, it was held that unless...
- Sec. 568. Conformity
- Where the owner, on being informed by the broker that he has sold the land refuses to convey, without objecting to all the terms of the sale, such conduct is some evidence that the sale conformed to t...
- Sec. 569. Costs
- Where plaintiff, when she sued to compel specific performance of a contract to convey land, made by defendant with her assignor, knew who.owned the property at the time the defendant undertook to cont...
- Sec. 570. Conditions Precedent To Right To Commissions
- A proviso in a broker's contract that commission shall be payable out of the first cash payment is not a condition precedent to the broker's right to recover his commissions, and does not mean that un...
- Chapter II
- 571. Courts. 572. Equity. 573. Exceptions. 574. Forgery. 575. Loan payable in gold. 576. Licenses. 577. Limitations and restrictions. 578. Broker acting as a mere middleman. 578a. Broker ...
- Sec. 571. Courts
- Contracts with brokers for the sale of real property are presumptively entered into in good faith, and it is the province of the courts, in administering the law as to such contracts, to carefully pro...
- Sec. 572. Equity
- A court of equity will not enforce against the owner of land a contract of sale made by his agent under authority given six years before, where the land has greatly appreciated in value meantime, and ...
- Sec. 572. Equity. Continued
- Where plaintiff's brokers fraudulently secured title to certain real estate belonging to plaintiff and incumbered it, plaintiff was entitled to have the incumbrance cancelled and the title restored. M...
- Sec. 574. Forgery
- The treasurer of a charitable corporation, without authority, took railroad bonds registered in the name of the corporation, to a broker for sale; the broker refused to handle the bonds unless they we...
- Sec. 575. Loan Payable In Gold
- Where plaintiffs were employed by defendants to procure for them a loan on a mortgage on land, and the loan was not made solely because the lender found insisted on a clause in the mortgage that the ...
- Sec. 576. Licenses
- In the absence of evidence to the contrary, that the plaintiff was licensed to act as a broker will always be presumed. Munson v. Fenno, 87 I11. App. 655; Shapler v. Scott, 85 Pa. St. 329. It is the ...
- Sec. 577. Limitations And Restrictions
- Where the contract of employment limits the same to the sale of certain property, it must be made to appear that the property sold was within the description. Maze v. Gordon, 96 Cal. 61, 30 P. 962. W...
- Sec. 578. Broker Acting As A Mere Middleman
- If the broker acts as a mere middleman, and finds a purchaser at the price fixed, it is immaterial that each party to the transaction was ignorant of the broker's employment by the other party. Montro...
- Sec. 578a. Broker Masquerading As A Middleman Who Acquires Interests Adverse To Owner Forfeits Commissions, And Must Account For ILL-Gotten Gains
- Where an agent stands in the situation of a mere middleman, not having undertaken to act as agent for either party or to exercise his skill, knowledge or influence, but merely to bring the parties tog...
- Sec. 579. Unless Mistake Be Pleaded And Proved Each Purchaser Bound For The Whole Commission
- Where a title bond is executed to several joint purchasers, each is bound for the whole commission payable to one who has assisted them in making the purchase, unless a mistake in the writing is plead...
- Sec. 580. Notice Immediated Terminating Agency Means In A Reasonable Time
- Where the contract was that if defendant by himself or through any of his agents sold the property, defendant was to give plaintiff immediate notice of that fact, the meaning, taken in connection with...
- Sec. 580a. The Word "Able" In Statute Held To Mean "Financially Able"
- The word able as used in Civil Code 1910, Sec. 3587, which provides that the broker's commissions are earned when, during the agency, he finds a purchaser ready, able and willing to buy, etc., means...
- Sec. 581. Principal May Remain Neutral As To The Claims Of
- several brokers. Where several brokers are openly employed to sell real property, the entire duty of the seller is performed by remaining neutral between them and he has a right to make the sale to a...
- Sec. 582. A Proposition Is Not Proved Until Inconsistent With The Negative
- Upon an issue whether the owner of real estate during the continuance of an option given upon it, offered to sell it to another party at less than the option price, a statement made by such party to a...
- Sec. 583. Parol Contract Entered Into By Agent In His Own Name Binds Unnamed Principal
- An agent can, by parol contract entered into in his own name, bind a principal whose name does not appear in the instrument executed in pursuance thereof. So held, in an action by executors to recover...
- Sec. 583a. Contracts Between Brokers To Share Commissions For Services Exempted From Being In Writing
- While Civil Code, Sec. 1624, requiring agreements employing brokers to buy or sell real estate for hire to be in writing, does not extend to agreements between brokers to co-operate in making sales fo...
- Sec. 584. Contract Of Broker To Share In Profits For Making Sales Of A Partnership
- Where a real estate agent has a written contract with the owner of land to put it upon the market, advertise and sell the same, having for his interest only a share in the surplus profits arising from...
- Sec. 584a. Brokers Not Meeting Earlier Demands Not Precluded Thereby From Sharing In Profits When Paying Share Of Note When Due
- Where real estate agents gave their note for the purchase price of land, and agreed to share the profits arising from its resale, the failure of some of the agents to meet their share of the note befo...
- Sec. 585. Contract To Pay Broker A Commission On Withdrawing Land From Sale Strictly Construed
- A provision in a real estate broker's contract for commissions for a sale of land, that the owner might withdraw the land from the market or raise the price on paying to the broker two per cent. of th...
- Sec. 586. In Trying To Effect A Sale Of Real Estate Party Has The Right To Extravagantly Extol
- A party in trying to effect a sale has the legal right to puff the property in the most extravagant manner and exalt its value to the highest point his antagonist's credulity will bear. Tuck v. Downin...
- Chapter III
- 587. Quantum meruit. 588. Broker has right of action against defaulting purchaser for lost commissions. 588a. Broker's right to recover from vendee price paid for property purchased for him. 589. ...
- Sec. 587. Quantum Meruit
- If plaintiff declares on an express contract, but fails to prove it, in most jurisdictions he is not entitled to recover on a quantum meruit. Emery v. Atlanta R. E. Ex., 88 Ga. 321, 14 S. E. 556; Hamm...
- Sec. 588. Broker Has A Right Of Action Against Defaulting Purchaser For Lost Commissions
- A real estate broker may sue the purchaser who employed him and who has refused to carry out his contract with the vendor, whereby the broker has lost his right to a commission, and this, although he ...
- Sec. 588a. Broker's Right To Recover From Vendee Price Paid For Property Purchased For Him
- Where a broker purchases property, without disclosing the name of his principal, he becomes liable personally for the price, and he can collect such price from his principal, unless the latter can sho...
- Sec. 590. Statute Of Frauds
- A contract for the purchase or sale of lands for another, not being for the sale of land but for personal services, will not be offensive to the statute of frauds, because not in writing. Ivy Coal Co....
- Sec. 590. Statute Of Frauds. Continued
- A modification of a written contract employing a broker to procure a purchaser of real estate for $5,000, at a commission of five per cent., by authorizing the broker to sell for $4,500, is material, ...
- Sec. 591. Real Estate Agent Not Liable For Failure To Remove Snow From Sidewalk
- Real estate agents, whose agency is restricted to the collection of rents of property or the soliciting and submission of offers to purchase, are not within the meaning of an act of Congress requiring...
- Sec. 592. Seals, And The Necessity For Their Use
- A real estate agent whose authority is first put in writing in a contract for a sale between the vendor and vendee which is not under seal, can not recover commissions for the sale. Alpern v. Klein (N...
- Sec. 593. When Tender Of Written Agreement By Purchaser Not Necessary
- The broker is not obliged to cause the party willing to purchase to tender to the seller a written agreement to that effect. Cook v. Kroemeke, 4 Daly (N. Y.), 268. ...
- Sec. 594. Employment Of Broker To Measure Land Does Not Sustain Claim Of Broker For Selling
- Evidence that testator employed claimant, a real estate broker, to procure persons to go on certain premises, measure them and look at them, for the purpose of inducing the tenant to believe that they...
- Sec. 595. Where Title Taken By Broker To Land Purchased, Principal May Tender Amount And Demand Deed
- Where a broker acting for his principal has taken the title to land purchased in his own name, the principal, on tendering the amount paid for the land and an amount sufficient to compensate the agent...
- Sec. 596. When Not Necessary For Broker To Show Vendor Had A Clear Title
- Where defendant did not base his refusal to carry out an agreement to purchase property upon any invalidity of the owner's title, it was not necessary for the broker, in suing for the commissions for ...
- Sec. 596a. Broker Entitled To Commission Under Contract Upon Corporate Employer Acquiring Title To Land
- Where a contract employing brokers to purchase in entire allotments, providing for commissions on corporation securing title through some other source, the brokers' commissions were earned on the corp...
- Sec. 596b. Marketable Title In Fee Simple Necessary To Give Broker Right To Commission, In Absence Of Binding Contract With Purchaser
- A marketable title in fee simple to property desired to be purchased by a principal is necessary to sustain a broker's claim for commissions, when the purchaser has not entered into a binding contract...
- Sec. 597. Contract Of Sale Requiring Owner To Furnish Abstract Of Title Not Within Authority Of Broker
- Where, in an action by a broker for commissions in procuring a purchaser for a tract of land, it appeared that the contract of employment only fixed the price, and that the broker executed a contract...
- Sec. 598. A Custom Or Usage Must Be General Before A Court Will Declare Its Existence As A Matter Of Law
- The existence of a custom or usage to the effect that the broker shall be entitled to commissions in the event that his principal declines to complete the transaction negotiated, will not be declared ...
- Sec. 599. Where A Usage Is Proved, The Law Raises A Presumption That The Agent Contracted With Reference Thereto
- Where the evidence adduced is sufficient to prove that the usage among real estate agents is general, the law raises a presumption that the agent knew the usage and contracted with reference to it. Ca...
- Sec. 600. Unconstitutionality Of Statute Requiring Contract Employing Broker To Be In Writing
- Penal Code providing that in cities of the first and second class any person offering for sale real property without written authority shall be guilty of a misdemeanor, is unconstitutional, as imprope...
- Sec. 601. Undisclosed Principal
- Plaintiffs, as brokers, entered into a contract for the purchase from defendant of certain bonds, claiming to act for an undisclosed principal and stipulating that they should in no manner be held lia...
- Sec. 601a. Postal Card Insufficient Under Statute To Constitute Contract For Broker's Commissions
- A postal card describing property offered for sale, and stating the terms of sale, though signed by the broker to whom it was addressed, was not a valid contract within the Nebraska statute, which req...
- Sec. 602. Where Broker Must Be Authorized In Writing, Contract Without Unenforceable
- Revised Statutes 1899, Sec. 3418, providing that no contract for the sale of lands made by an agent shall be binding on the principal unless the agent is authorized in writing to make such contract, H...
- Sec. 602a. Manner In Which Written Contracts With Real Estate Brokers Employed To Sell Real Estate Should Be Construed And Enforced
- Laws of 1905, p. 110, c. 58, requiring an agreement employing a real estate broker to be written, should be enforced as designed to prevent vendors and purchasers from being defrauded by brokers wrong...
- Sec. 602b. Broker Entitled To Commission When Owner And Customer Reach An Agreement
- Broker entitled to commissions when his customer reaches an agreement with the owner as to terms of sale, though agreement not reduced to writing and signed by the parties. Arnold v. Schmeidler, 129 N...
- Sec. 602c. Broker Entitled To Commission On Sale On Contract Held A Contract To Sell And Not Of Agency
- A contract by A. to give B. the exclusive sale of land for ninety days and to execute deed either to B. or persons to whom he might sell, B. to take any land remaining after the expiration of such tim...
- Sec. 602d. Contract Signed By One, And Later By All Tenants In Common, Held Sufficient For Broker's Commissions
- Under statute of frauds (2 Comp. Stat. 1910, p. 2617), Sec. 10, providing that a broker selling land is not entitled to a commission unless the employment is in writing, where the contract for employm...
- Sec. 602e. Contract Of Employment Must Be In Writing, Whether Broker Or Middleman
- Under Civil Code, Sec. 1624, subd. 6, requiring real estate employment contracts to be in writing, there is no distinction between a middleman and an agent as applied to real estate brokers. Ryan v. W...
- Sec. 603. Broker Can Not Recover Commissions Where Contract Unenforceable
- A real estate agent can not base a claim for commissions on a contract of sale which, because of its incompleteness, can not be enforced. Bradford v. Menard, 35 Minn. 197; Mason v. Small, 130 Mo. App....
- Sec. 603a. Contract Of Employment To Purchase Land Not Required To Be In Writing
- Defendant employed plaintiff to negotiate with the owner of land for its purchase by defendant, at a price fixed by him. This plaintiff accomplished. In an action to recover for services rendered unde...
- Sec. 604. Contract By Unlicensed Broker Not Absolutely Void
- Under the Code requiring a license to practice the business of a broker, and imposing a penalty for the violation thereof, a contract of an unlicensed real estate broker to sell real estate for anothe...
- Sec. 605. Agreement To Hire Auctioneer To Sell Land Need Not Be In Writing
- Plaintiff was employed by defendant to advertise property for sale at auction, and secured an auctioneer and took charge of the sale; after plaintiff had advertised the property and secured an auction...
- Sec. 606. Memoranda Held Insufficient To Meet The Requirements Of The Statute Of Frauds
- Ballinger's Acts and Statutes, Sec. 4576, provides that an agreement authorizing or employing a broker to sell or purchase real estate for compensation or commission shall be void unless the contract ...
- Sec. 607. Statute Of Limitations
- Where a broker sold certain property under a contract by which the purchaser leased the same for a term of years with an option to purchase, which option was exercised December 31, 1902, the broker's ...
- Sec. 608. Rival Brokers
- One of several independent brokers employed to procure a purchaser must produce a customer of his own, and not one then sustaining that relation to another of the brokers, and when he is first in nego...
- Sec. 609. If Purchaser Willing To Perform, Statute Of Frauds Not Available To Defeat Broker's Commissions
- A real estate broker, in order to recover commissions, must show either a consummation of the sale or the obtaining of a purchaser; the mere fact, however, that the contract was within the statute of ...
- Sec. 610. Reasonable Price Inferred By Law
- Where a contract for the sale of land between the owner and a couple of real estate agents provides that the owner shall fix its selling price, the law infers that it shall fix a reasonable price, and...
- Sec. 611. What Is A Reasonable Time Must Be Determined By The
- facts and circumstances in each case. In determining what constitutes a reasonable time within which a real estate broker employed to procure a purchaser for a farm must procure a purchaser in order ...
- Sec. 612. Broker's Employment Continues For A Reasonable Time
- Where, at the time a broker was employed to sell real estate, no period was agreed on during which the agency should continue, it continued for a reasonable time after the employment, in view of all t...
- Sec. 612a. Owner Allowed Reasonable Time After Purchaser Procured To Prepare Abstract, Deed, Etc
- Owner held entitled, after production of purchaser by broker, to reasonable time in which to make deed, prepare abstract, correct any correctible defects therein, and not liable for commissions if the...
- Sec. 612b. Broker's Contract Of Employment Required Owner To Designate Tracts And Fix Prices And Terms Within A Reasonable Time
- Under contract of broker with landowner providing that owner designate tracts, and fix prices and terms, the owner must do this in a reasonable time. Daugherty v. Smith, 192 S. W. 1131, - Tex. Civ. Ap...
- Sec. 612c. Favorable Reply Of Owner To Broker's Inquiry Bound Former For Reasonable Time For Broker To Find A Purchaser
- An owner of real estate is not bound for an indefinite period by his favorable reply to an inquiry as to the price of such real estate, made to a broker who agrees to furnish a prospective purchaser. ...
- Sec. 612d. Broker's Contract Of Employment In March Held Not Ended In August
- Where owner of real estate in March made an exclusive agency agreement for its sale, without limit excepting reservation to terminate on thirty days' notice; held, that the contract had not expired in...
- Sec. 613. Contract To Pay Plaintiff $1,000,000 If Defendant Bought Railroad Bound Him Only For A Reasonable Time
- Where plaintiff alleged that defendant agreed to pay him $1,000,000 for information and services relating to the prospective purchase of a railroad, in case the defendant purchased the same or became ...
- Sec. 614. Reasonable Time Immaterial Where Broker Finds Purchaser While Employed
- Where a broker finds a purchaser at the seller's terms while still employed, the reasonableness of the time which he has taken to do so is immaterial. Moore v. Boehm, 91 N. Y. S. 125, 45 Misc. 622; Te...
- Sec. 614a. When Six Months Not Unreasonable Delay In Accepting Broker's Offer For Finding A Purchaser
- Unreasonable delay in accepting an offer to pay a broker a commission for procuring a purchaser for land, by a letter dated Oct. 19, 1907, is not shown because acceptance was deferred until the spring...
- Sec. 615. In The Absence Of An Express Agreement The Reasonable Value Of The Services May Be Recovered By Broker
- Where a real estate agent renders services in procuring a purchaser for land, with the owner's consent but without any agreement for the payment of a certain sum for such services, the agent is entitl...
- Sec. 616. Reasonable Compensation
- What is a fair and reasonable compensation depends upon the amount allowed for such services by custom or usage locally prevailing among brokers. Hartman v. Warner, 75 Conn. 197, 52 A. 719; Williams v...
- Sec. 617. Not Necessary For Broker To Put Defendant In Default Before Suing For Fees
- Where, after giving plaintiff a power of attorney to act as agent for the sale of defendant's real estate, plaintiff and a prospective buyer had started to meet the defendant at the property in anoth...
- Sec. 618. Ratification Not Shown By Acquiescence Without Knowledge
- In an action by a broker to recover commissions for making a sale, defendant's acquiescence in plaintiff's statement that plaintiff had secured a loan for a prospective purchaser did not fairly justif...
- Sec. 618a. Reply Of Owner Which Did Not Amount To A Ratification
- A contract of sale executed by one having authority only to find a purchaser, and containing provisions not referred to in his letter to the owner that he had an offer of purchase on certain terms and...
- Sec. 618b. When Knowledge Of Broker Withheld From Purchaser Did Not Bind Latter
- The knowledge of a real estate broker, acting as the agent of the owner of land, as to whether certain buildings on the land sold were to be excepted, does not bind the purchasers. Alexander v. Anders...
- Sec. 619. Ratification By Acceptance Of Offer Made To Broker
- The acceptance by a vendor of land of an offer actually made to a broker, and the consummation of sale on such terms, is a ratification of the broker's act, and entitles him to his commissions. Levy v...
- Sec. 620. Ratification Cures Defect In Agent's Appointment
- An owner verbally authorized an agent to offer real estate for sale; the agent, in the name of the principal, gave a broker written authority to procure a purchaser for the land; the owner subsequentl...
- Sec. 620a. Sufficient Allegation Of Ratification
- In an action for commissions claimed to have been earned by the purchase of land for defendant, where the latter claimed that plaintiff acted in violation of his agency by paying a higher price per ac...
- Sec. 621. Ratification Of Agent's Appointment By Principal Executing Contract With Purchaser
- Where a contract to purchase land is presented to the vendor, signed by the purchaser, it is for the vendor to decide whether the purchase is acceptable, and if he then executes the contract himself, ...
- Sec. 622. Ratification By Acceptance Of The Proceeds
- A brother and sister were tenants in common of a tract of land, which the principal employed an agent to sell; the agent procured a purchaser and wrote to the brother a letter containing the terms of ...
- Sec. 623. To Constitute Ratification Of The Act Of Attorney, Knowledge On Part Of Principal Immaterial
- Where one authorizes an attorney in fact, by power duly signed and acknowledged, to make a certain contract for the purchase of land with certain parties, and of a certain date, and subsequently ratin...
- Sec. 624. It Is An Essential Prerequisite To Ratification That The Principal Had Knowledge Of Unauthorized Contract
- A signature to an agreement for the sale of land made for another without authority, may be by him adopted and ratified so as to be of the same force as if made by authority antecedently given, and su...
- Sec. 624a. Sale By Owner's Son At Reduced Price To Broker's Customer Barred Broker's Commission
- Where a broker, with authority to sell land at $60,000, secured an offer by C. of $42,000, and a reduction by the owner to $48,000, but could not effect a sale, and the owner's son, with knowledge, so...
- Sec. 625. Tender Not Necessary To Entitle Broker To Recover On Principal's Refusing Purchaser
- Where a broker obtained a purchaser who in good faith offered to buy at defendant's price, a formal tender of the price was not necessary until defendant evinced some disposition to accept it, in orde...
- Chapter IV
- 626. Custom or usage. 626a. Custom insufficient to supply lack of employment as broker. 627. Defendant cannot object where evidence shows sale for less than broker claims. 628. Presumptions. 629. ...
- Sec. 626. Custom Or Usage
- A custom that did not require purchasers of land to pay cash, although the terms of sale were for cash payments, will not sustain a contract of sale made by a real estate agent which violated an instr...
- Sec. 626a. Custom Insufficient To Supply Lack Of Employment As Broker
- The existence of a custom to the effect that when brokers negotiate a lease of real property the lessor pays the commission, can not fasten on a property owner any liability as the employer of the bro...
- Sec. 627. Defendant Can Not Object Where Evidence Shows Sale For Less Than Broker Claims
- In an action for commissions for selling land, where the petition alleges that the tract contained thirty-five acres and that the purchaser agreed to purchase it for the sum of $200 per acre, and in ...
- Sec. 628. Presumptions
- Any one dealing with a person whom he knows to be a broker may be presumed to know, from the nature of the broker's business, that he is acting as agent for some third person. Baxter v. Doren, 29 Mo. ...
- Sec. 629. Assumpsit
- An innocent vendor can not be sued in tort for the fraud of his agent in effecting a sale; in such a case the vendee may rescind the contract and reclaim the money paid, and if not repaid may sue the ...
- Sec. 630. Actions Between Principals And Agents
- An action by a broker for his commissions will not lie until it is shown that he has effected or contracted a sale of the property; unsuccessful efforts, however meritorious, afford no ground of actio...
- Sec. 631. Common Counts
- Under Burns' Rev. Stat. 1901, Sec. 6629a, providing that no contract for the payment of any sum of money for commissions for procuring by one person of a purchaser of real estate of another shall be v...
- Sec. 632. Petition - Ultimate Facts To Be Proved Must Be Pleaded
- Plaintiff must plead the ultimate facts upon which he relies for a recovery else he can not prove them. Burnett v. Edling, 19 Tex. Civ. App. 711, 48 S. W. 775. To entitle him to recover commissions on...
- Sec. 632a. Petitions In Actions To Recover Commissions
- An action by a real estate broker for commissions will not lie until he has effected or procured a sale. Mueller v. Bell (Tex. Civ. App. '09), 117 S. W. 993. (Compare, when employed to procure at purc...
- Sec. 632b. When Right Of Action For Commissions Accrues To A Broker
- A petition by a broker for commissions for effecting a sale or exchange of property must allege a contract of employment, and a demurrer was sustained by reason of its failing to do so. Toole v. Baer,...
- Sec. 632c. In Action For Division Of Commission, Broker, Without Agreement, Could Not Enforce Payment
- Where in an exchange of real estate the owners paid commissions to the brokers with whom each dealt, but the brokers disputed the division of the amount, and an action between them was brought to dete...
- Sec. 632d. Broker Entitled To Recover Commission For Loan When He Shows He Procured Person Able And Willing To Lend
- In an action by a broker for commissions for placing a mortgage, it is sufficient to show a request for the service and a tender to prove complete performance, if he shows that he procured a person wh...
- Sec. 632e. Petition Failing To Show Broker Procured Purchaser Able, Etc., Or Breach By Seller, Subject To Demurrer
- In a suit for commissions on a sale of land, a petition failing to disclose that plaintiff procured a purchaser ready, able and willing to buy, or that defendant interfered with the sale, or delayed i...
- Sec. 633. Petition Alleging Failure To Exchange Defective In Alleging Contract For Purchaser, No Breach
- Where a petition alleged a failure of the defendant to make an exchange of property procured by the plaintiff, it was held defective in alleging a contract to procure a purchaser, with an implied cont...
- Sec. 633a. In Action Between Brokers, Facts Which Stated A Cause Of Action
- A petition alleging that plaintiff became associated with defendant firm as a real estate broker, with an agreement that he should receive all commissions earned by the firm on property procured by hi...
- Sec. 634. Petition Alleging Sales To Persons Defective For Failure To Give Names, Etc
- A petition by an agent to sell land to recover damages for refusal of the owner to execute deeds to purchasers, which alleges a contract by him to various persons who were ready and able to buy the la...
- Sec. 635. Petition Alleging Deed Of Trust Defendant Refused To Release Defeating Sale, Not Defective
- A petition which alleged that the sale failed because of an unsatisfied deed of trust on the property, which the defendant failed to release or have cancelled, is not defective in failing to allege th...
- Sec. 635a. Complaint Not Objectionable For Failing To Show That Plaintiff Found A Purchaser On Terms Offered By Mortgagee
- A complaint alleged that a mortgage foreclosure on land was compromised by the mortgagor conveying his title to the mortgagee, and in consideration the mortgagee delivered a contract giving the mortga...
- Sec. 636. Petition That Broker Was To Have All Over A Certain Sum, Not Breached By Owner Selling At Net Price
- Where a petition alleged that plaintiffs were employed to sell defendant's land, that they were to have all they could obtain for it over a certain sum, and that they offered it to one who purchased i...
- Sec. 636a. When Proper To Withdraw Case From The Jury And Enter A Judgment Of Dismissal
- Where it appears from the record that counsel for plaintiff, in the statement of the case to the jury, stated in detail all the evidence that plaintiff proposed to offer in support of the allegations ...
- Sec. 637. Petition Declaring On Express Contract, On Failure To Prove May Recover On Promise To Pay Certain Per Cent
- Although the plaintiff declared on an express contract to pay him all that he could sell a tract of land for over a certain sum, he may recover on the further allegation of an express promise of defen...
- Sec. 637a. Necessary Allegations And Proof To Enable Broker To Recover Commissions For Effecting A Sale Or Exchange
- Under a written agreement of a land owner to pay a broker a certain sum if he would send or cause to be sent to the land owner a person with whom the latter may see fit and proper to effect a sale or...
- Sec. 637b. Petition Sufficiently Setting Out Contract With Firm Of Real Estate Brokers To Sell Land
- The petition of C, K. & B. alleging that plaintiffs are a real estate firm, that defendant placed land in the hands of C. & K. to sell, and agreed to pay them a commission for selling it, that they so...
- Sec. 638. Petition, Plaintiff Can Not Recover On Proof Of Contract Substituted For That Sued On
- Plaintiff can not recover on proof of a contract other than that declared on. Daley v. Russ, 86 Cal. 114, 24 P. 867; Kidman v. Garrison, 122 Iowa, 215, 97 N. W. 1078; Jones v. Pendleton, 134 Mich. 460...
- Sec. 639. Petition, Failing To Prove Agreed Compensation, Recovery Of Reasonable Value May Be Had
- It has been held on a petition to recover an alleged agreed compensation for services as broker, a recovery may be had on proof of the reasonable value of the services, and the variance may be disrega...
- Sec. 640. Petition Alleging Plaintiff Acted As Broker, Secured Purchaser, Defendant Refused Deed, Good Against Demurrer
- A complaint alleged that plaintiff acted as broker for defendant and secured a purchaser for his land, but that defendant refused to make a deed therefor, and that plaintiff was entitled to his commis...
- Sec. 640a. Petition For Commissions Not Demurrable For Failing To Allege Customer Was Ready, Able And Willing To Purchase
- In an action by brokers on a contract whereby they agreed to procure for defendant a customer for her property at a specified price, a complaint alleging a compliance with the contract by plaintiffs w...
- Sec. 641. Petition, On Contract To Pay If Sale Made By Owner, Agent May Recover Without Showing Performance
- Defendant made complainant his agent to sell certain lands, the agency to continue for six months, unless sooner terminated by a sale; defendant reserved the right to sell the land himself, in which c...
- Sec. 641a. Broker's Action For Commission For Breach Of Defendant's Contract Therefor Did Not Need To Allege Fraud
- Realty brokers' petition based on violation of defendant's contract to pay commission, and not upon fraud of defendant in trying to cover up sale to. third person, did not have to allege fraud. Luzzad...
- Sec. 642. Petition To Recover Money Broker Refuses To Pay Need Not Allege He Had Authority To Collect
- Where, in an action against a broker who had effected a sale of plaintiff's land, the petition alleged that defendant received from the purchaser a sum of money for the use of plaintiff and retained i...
- Sec. 642a. Broker Held Not Liable To Pay To Principal Money Refunded To Purchaser On Rejected Contract Of Sale
- Plaintiffs authorized defendant to sell land for them, no terms being stated in the agreement, at a certain price within five days, agreeing to pay as commission whatever the land brought over the pri...
- Sec. 642b. Broker Receiving Money For His Principal Not Liable
- to repay on suit by party entitled thereto. An agent receiving money for his principal in pursuance of a valid authority without fraud, duress or mistake, is not liable to an action in behalf of the ...
