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The Importance of The Listing Agreement and a Broker’s Right to Commission

A broker’s right to a commission is controlled, in the final analysis, by the provisions of the employment (“listing”) agreement with the owner.  In some listing agreements, a broker is hired to find a purchaser.  In other listing agreements, a broker is hired to effectuate a sale.  The listing agreement controls whether or not the […]

Exclusion from Negotiations and Procuring Cause

A broker who is the procuring cause is entitled to a commission.  A seller and buyer may not deny the broker’s status as procuring cause by excluding the broker from negotiations.  In order for the broker to be the procuring cause, the buyer and seller must come to a meeting of the minds regarding the […]

Listing Agreements and Procuring Cause

A seller has the ability to limit a broker’s entitlement to a commission.  Unless a seller and a broker have a “special contract,” the broker is entitled to a commission if the broker is the procuring cause.  See Siegel v. Landquest, Inc., 761 So.2d 415, 416-17 (Fla. 5th DCA 2000).  In order for the broker […]