Is a commission due to the real estate agent if the owner does not accept the contract?
19-Oct-2009
In Trezevant Realty Corporation v. Threlkeld, (Tenn. App., 2008) the Court did not allow a listing real estate agent to recover a commission from the property owners even though he brought an offer to the table that he felt was a very good offer. The Court held that “ A real estate broker is entitled to his commission when he procures a purchaser who is acceptable to the seller and who is ready, willing and able to buy on the seller’s terms.” Parks v. Morris, 914 S.W. 2d 545, Cheatham v. Yarbrough, 90 Tenn. 77,79,15 S.W. 1076.
In this case, the seller was not satisfied with the offers that the real estate broker brought to the table. Therefore, the court held that the offers, no matter how good the agent felt that they were, did not merit commission being paid.