Article Title

Effect of Qualifying Listing Language on Real Estate Brokers’ Commissions

Publication Title

Washington University Law Quarterly


What is such a "special contract"? While the term is also commonly used to refer to a listing in which the broker's undertaking is specified in terms other than the "ready, willing and able" of the general listing, for example, where the requirement is "to consummate a sale," for the purposes of this discussion "special contract" has reference to an agreement in which the provision for payment of the commission is placed with other language in the listing agreement having reference to some outside event, as for example, "when the property is sold" or "when title passes," unless the discussion herein specifically indicates otherwise.3 As the article progresses the effect of specific language referring to the payment of commissions will be considered.