Multiple Listing Contract

Effective Cause #492

What if a buyer is introduced to a property, or to a seller, during a multiple listing, but later enters a legally enforceable contract to buy the property after the listing expires? The standard Multiple Listing Contract (MLC) preserves entitlement to commission in two stages, subject to one overriding consideration. First, if the seller and buyer enter

Enforcement of Holdover Clauses #443

Legally Speaking

Commission under listing contracts has always been payable where a legally enforceable Contract of Purchase and Sale is entered into by the seller during the term of the contract. In 1997, the Multiple Listing Contract was amended to expand the circumstances under which a commission is payable. Section 5A(ii) of the Multiple Listing Contract now

Commission Due Despite Extension of Completion Date #405

Legally Speaking

In general, a brokerage must have a contract with a person to claim commission from that person. In each particular set of circumstances, the wording of the contract determines the brokerage’s entitlement to the commission. In Clause 5 of the Multiple Listing Contract, a commission is payable where a legally enforceable Contract of Purchase and

Compensation for Loss of Commission Under a List Back Agreement #391

Legally Speaking

By Gerry NeelyB.A. LL.B. Legally Speaking 62 and 162 discuss cases involving paragraph 8 of the Multiple Listing Contract, which requires an owner to refer all enquiries and offers for the purchase of the listed property to the listing agent. An owner’s breach of this obligation gives the listing agent the right to damages for loss

Paragraph 8 of the Multiple Listing Contract—Seller’s Obligation to Refer Inquires and Offers; Commission Lost, Contingent Upon Giving Written Notice #376

Legally Speaking

By Gerry NeelyB.A. LL.B. Paragraph 8 of the standard Multiple Listing Contract requires the seller to refer and deliver all enquires of offers to purchase the listed property to the listing agent. It can be a lifesaver for a listing agent whose claim for commission would fail because his or her acts didn’t fall within

Cooperating Agent’s Claim for Commission from Listing Agent #307

Legally Speaking

By Gerry NeelyB.A., LL.B. The agent for a prospective buyer, whose offer for a seller’s property was rejected, sued the listing agent for the share of commission offered by the listing agent to cooperating agents. The offer, which was for the exact price and the same terms as those contained in the MLS® contract, was rejected

Commissions Small Claims Court #208

Legally Speaking

By Gerry NeelyB.A., LL.B. The increase in the Small Claims Court jurisdiction to $10,000 has resulted in more cases of some complexity being tried in that court because the process is more information and potentially therefore, less expensive than Supreme Court. An agent claimed a commission in Small Claims Court, on the basis that the listing

Commission Cases #189

Legally Speaking

By Gerry Neely B.A. LL.B The right of an agent to a commission arose in a case where the vendor refused to complete a sale because just two days prior to closing, the purchaser substituted a nominee company for himself as the purchaser of the vendor’s property. The vendor on the afternoon of the day

Commissions #181

Legally Speaking

By Gerry NeelyB.A., LL.B. The following cases illustrate the often expressed statement that in considering an agent’s claim for commission, no general rule can be laid down and each case must be decided on the terms of the contract in question and the facts. In a Saskatchewan case an agent without a listing introduced to

Commissions #113

Legally Speaking

By Gerry Neely B.A. LL.B There are occasions when a licencee agrees reluctantly to pay part of a purchaser’s costs out of the licencee’s commission, to make a deal between a cash-short purchaser and the vendor. Since this helps the vendor, the licencee might well think that the licencee’s decision to help the purchaser is