Legal Question in Real Estate Law in Florida

Real Estate Commissions

At what point is a real estate commision deemed earned. If the seller defaults, is the broker entitled to a comission having brought a buyer ready, willing & able


Asked on 8/26/07, 4:42 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Real Estate Commissions

Depends upon the contract.

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Answered on 8/27/07, 2:34 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Real Estate Commissions

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This is governed by the terms of the Contract for Sale and Purchase and the Listing Agreement. Having said that, most of the "standard" contracts do require the Seller to pay a commission to the broker if the broker provides a buyer who is ready, willing and able to purchase the property upon the price, terms and conditions set forth in the listing agreement, if one is in effect. The contracts and listing agreements also provide for attorney's fees to be paid if litigation is required in order to enforce this provision.

Scott R. Jay, Esq.

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Answered on 8/26/07, 4:46 pm


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