By: WISCONSIN LAW JOURNAL STAFF//July 22, 2014//
Wisconsin Court of Appeals
Civil
Property – Broker contracts
A sale is not a prerequisite to a broker’s earning a commission.
“Here, Ash Park and Re/Max entered into a Department-approved WB-3 Listing Contract that explicitly provided, in part, Re/Max earns a commission if Ash Park entered into an “enforceable contract” with a buyer. Nothing in the listing contract requires that a sale must occur before the broker earns a commission.
Ash Park’s single citation to the administrative definition of “exclusive right to sell” does not support a conclusion that the listing contract is void for public policy reasons. If Ash Park wanted a commission to be earned only on a completed sale, Ash Park could have negotiated for that provision in the listing contract. It did not.”
Reversed and Remanded.
Recommended for publication in the official reports.
2013AP1532 Ash Park, LLC, v. Alexander & Bishop, Ltd.
Dist. III, Brown County, Atkinson, J., Cane, J.