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B&R Realty Inc. v. Carroll

Broker's express listing agreement with sellers precluded application of the common law "procuring cause" doctrine with regard to the broker's claim for a real estate commission.

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The primary issues on appeal are i whether an express listing contract precludes a common law “procuring cause” claim for a commission on a sale of real estate, ii whether a sale outside the extended term of the listing agreement precludes a claim for conspiracy to deprive commission, and iii whether an express contract precludes a quantum meruit claim. We answer each question in the affirmative and therefore affirm.

On February 8, 1996, Donald and Sharon Carroll listed their real estate with Shield Realty1 for $325,000.00 and promised to pay Shield Realty a ten percent commission, to be split with any broker representing the purchaser, if within the term of the agreement i Shield Realty procured a person ready, willing, and able to purchase the property at the listed price or ii the Carrolls entered into an enforceable contract to sell the property. The term was six months, expiring on August 8, 1996. The commission was also due if within 90 days of August 8 i.e., by November 6, 1996 the Carrolls sold the property to anyone to whom the property was submitted during the six-month term of the agreement.

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