12.24 Express Contract Rights

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

2. (§12.24) Express Contract Rights

Often, the broker will be able to rely on the express language of the agreement with the client to recover compensation. Counsel will need to rely heavily on the specific language of the contract and the broker's fulfillment of the contract obligations to recover the compensation. See:

· J.R. Waymire Co. v. Antares Corp., 975 S.W.2d 243 (Mo. App. W.D. 1998)

· Cage Realty, Inc. v. Hanna, 881 S.W.2d 254 (Mo. App. W.D. 1994)

There is significant variation across the state in brokerage agreement language relating to recovery of commissions. For instance, some listing agreements with sellers require payment of a commission if a buyer or tenant is procured under terms identified by the agreement or acceptable to the seller. Other listing agreements do not require payment of a commission if a tenant is procured under a listing agreement contemplating a proposed sale of the real estate.

Though most actions for

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