116 So. 333 | Ala. | 1928
The decisions by this court are, where the suit was for commissions alleged to have been earned on sales by real estate brokers, resulting from exclusive listing of the property with one broker or agent, Handley et al. v. Shaffer,
As corollary to the rules declared in exclusive listing is that if several brokers or agents are openly employed, the duty of the seller is performed to each of such brokers or agents if he remains neutral between them, and such owner has the right to sell to a buyer produced by any one of them upon the terms of the several listings, without being called upon to decide between the brokers or agents as to which of them was the primary and moving cause of the purchase. Garret Vreeland v. Bernard Vetterlein,
A person may openly place his property with as many agents or brokers to sell as he sees fit, and pay only the one who first produces a bona fide purchaser, under the terms of the listings with the several brokers and agents, who is ready, willing, and able to purchase on said terms. In such case the owner and vendor is not liable for double commissions, if he has remained impartial and neutral (and in good faith has not interfered) between the several agents competing and working to the same end with a knowledge of the facts. 9 C. J. p. 616, § 98. This is consistent with the right of alienation of one's property without undue restraint, and that to openly and in good faith employ more than one agent, or to place his property for sale with as many agents or brokers as he sees fit, after acquainting them with the facts of the other agent or terms of sale required of the purchaser. Freedman v. Havemeyer,
We would infer that the trial was had upon the rules obtaining when there was a single and exclusive listing, the rule of Handley v. Shaffer,
The refusal of defendants' charge No. 7 is justified (if requested on evidence tending to show a double listing), in the failure to hypothesize double listing, good faith and neutrality of the seller as affecting the rights of plaintiff and the other, or several brokers or agents having the property for sale.
Distinction should be observed between suit for commission earned by real estate broker in producing a purchaser, within the terms of a verbal listing, who is ready, willing, and able to comply, and suits for specific performance, where a due observance of the statute of frauds (section 8034, Code) must be shown. Sadler v. Radcliff,
The writ is denied.
ANDERSON, C. J., and SOMERVILLE and BROWN, JJ., concur.