Sec. 433. Broker Not Entitled To Commissions Where Contract Void By Statute Of Frauds
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This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
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, 158 I11. 304, 42 N. E. 134. See also Sec. 602.
A real estate agent is not entitled to commissions on an invalid sale. Volker v. Fish (N. J. Eq. '09), 72 A. 1011); Voker v. Fish, 72 A. 1011, 75 N. J. Eq. 497; Pugh v. Solein, 180 P. 930, - Or. Sup. -; Kuh v. Lemeke, 180 P. 889, - Wash. Sup. -; Holland v. Johnson, 174 N. W. 874, - N. D. Sup. -; Bryan v. Mayo, 124 N. E. 873, - Ind. Sup. -; Purdy v. Law, 180 X. W. 251, - Mich. Sup. - . Compare Sec. 454.
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