A broker secured a written listing agreement on a property. He later found a buyer who was ready, willing, and able to buy at the price and terms stated in the listing contract; but, the owner refused to sign a sales agreement because of animosity toward the buyer. Is the broker entitled to a commission even though no sale was consummated?

Please respond with an answer of yes or no and explain your response. I beg everyone not to let your pride (Being wrong one in a while is ok) get in the way by not answering the question because this is a learning session for all of us.

(I will post the answer to this Quiz and a new quiz question is 12 hours)

This question assumes that all listing contracts are written the same. They are not and should only apply to the state where asked.

I am a newbie (taking the state exam monday morning)but I believe the answer is Yes. The Broker produced a ready, willing and able Buyer, which would be the terms in the Listing contract.

I have collected a commission or two because a Seller simply "changed their mind" about selling. Some didn't have any money and we had to wait until they did . . . . or take in on the installment plan. You can't get blood out of a stone; but you can make life difficult.

And this only works IF there are no other un-satisfied contingencies.

If you're not sure you want to sell . . . . Do Not List !

And don't stipulate that you'll only to sell to people of a certain colour, creed, race, religion, economic status, sexual orientation, or only people that you like.

The only way to collect a commission here is at closing. No closing, no commission.

Here's the story that goes with one of those

"No Closing Commissions"

I think that less than a year later, we actually sold that place to another Buyer (including a Closing this time), and then collected a 2nd Commission.

Answer ( The quiz questions that I'm producing comes straight from college textbooks): Yes, because the broker produced a ready, willing, and able buyer at the price and terms requested in the listing. The broker fulfilled the terms of the contract when he produced a ready, willing and able buyer therefore he must be compensated for his efforts; In business, personal feelings should not get in the way of contract agreement. The fact tha the seller has animosity toward the buyer does not make the contract voidable. If the contract is in writing the contract stands as being valid.

Vermont stated: "[b]If you're not sure you want to sell.... Do not list[/b]." You're correct Vermont; But in this case it wasn't the fact that they did not want to sell the property. The seller did not want to sell the property to the person who had an offer on the table for the fact that the original home owner (Seller) had animosity (Ill-feelings) towards the person who had interest in the property. (Buyer)

No, that's not what I wrote. I wrote just the opposite:
And then I went on to say:
Just a reminder that you're free to quote; but when you quote . . . . Quote correctly.