With respect to negotiating a loan, the Missouri statute provides: " In cities of 300,000 inhabitants or more, any person who shall make application to any other person, or to any corporation, for a loan upon any real property without the written authority of the owner of such real property, or of his attorney-in-fact, appointed in writing, or of any person who has made a written contract for the purchase of such property with the owner thereof, shall be deemed guilty of a misdemeanor and fined in a sum not less than $10 nor more than $300."18
In Nebraska the statute reads: "Every contract for the sale of lands, between the owner thereof and any broker or agent employed to sell the same, shall be void, unless the contract is in writing and subscribed by the owner of the land and the broker or agent, and such contract shall describe the land to be sold, and set forth the compensation to be allowed by the owner in case of sale by the broker or agent."19 In Covey v. Henry, 71 Neb. 118 (1904), at pages 123, 124, the court comments as follows: "The section of the statute above set out is plain and unambiguous. The reasons which impelled the legislature to pass that act are well known to the courts and the profession generally. Innumerable suits were being "Mo. Laws of 1903 (H. B. 509), p. 161. Sec. 1. See Real Estate & Trust Co. v. Hartman. 128 Mo. App. 233 (1907). See the New York statute, similar to this (Sec. 14 supra). which was declared unconstitutional.
18 Mo. Laws of 1903 (H. B. 509), p. 161, Sec. 2. See comments on a similar statute of New York, Sec. 15 supra.
19 Compiled Statutes, Ch. 73, Sec.74 (Annotated Statutes, 10258).
instituted, from time to time, by agents and brokers, after the owner of lands had sold the same, claiming a commission on the ground that they had been instrumental in securing the purchaser; and, in many cases, owners of land were compelled to pay double commission on account of such claims."
In the State of Washington, the statutory provision is as follows: "An agreement authorizing or employing an agent or broker to sell or purchase real estate for compensation or a commission " is void unless the "agreement, contract or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized." 20
$ 22. Montana; Authority to Purchase or Sell.
"An agreement authorizing or employing an agent for broker to purchase or sell real estate for compensation, or a commission," is invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged, or his agent.21
A broker's authority to collect rents need not be in writing, unless the authority comes within the prohibition of the statutes requiring agreements not to be performed within a year to be in writing.22