12.22 Actions for Recovery of Commissions or Fees

• Library: Real Estate Practice Deskbook (2019 Ed.)

VIII. (§12.22) Actions for Recovery of Commissions or Fees

In most cases, a broker who is entitled to a commission will be compensated from the proceeds received in the closing of the transaction, but in a few cases, the broker may be required to bring a judicial action to recover a commission. Though it is typically stated that the broker is the party to the brokerage relationship or agreement, Missouri courts have determined that, generally, the affiliated licensee also has sufficient standing to join in an action for commission recovery. Gardner v. Blahnik, 832 S.W.2d 919 (Mo. App. W.D. 1992). Notwithstanding the above, the statutes impose limitations on a nonbroker's ability to collect a commission from any source other than the broker with whom affiliated at the time the compensation is earned. Section 339.100.2(12), RSMo Supp. 2018.

When pursuing recovery of compensation relating to the sale or lease of real property, the attorney must specifically plead and prove that the party attempting...