Law of Real Estate Brokers: With Forms ...

Front Cover
Ronald Press, 1910 - Brokers - 473 pages
 

Contents

General Statement
58
Agent May be Personally Interested with Consent of Principal
66
Revocation of Brokers Authority
79
Fraud of Agent as Revocation
91
Revocation as to Third Parties
92
COMMISSIONS AND THEIR RECOVERY Chapter IX General Rules as to Commissions 95 General Statement
93
When Commissions are Earned
94
Respective Rights of Brokers when Several are Employed
95
Rule as to Commissions when Several Brokers are Employed
97
Liability of Principal for Commissions to Exclusive Agent
99
for Commissions when Principal Negotiates Sale
100
Rule as to Commissions when Brokers Efforts Fail
102
On What Recovery of Commissions Depends 66
103
Broker Must Be Employed 103 General Statement 104 Volunteers Not Entitled to Commission 105 When Party Acting is a Volunteer
105
Employment Necessary to Recovery of Commissions
107
Manner of Employment 108 Employment Must be by Owner or Authorized Agent
108
Ratification Equivalent to Original Employment
109
Intent to Ratify Must be Plain
110
Ratification by Implication
111
Must be with Full Knowledge of Facts
112
Broker Must Be Procuring Cause of Sale 113 General Statement 114 Methods of Earning Commission
114
Obligations of the Broker 116 Procuring Cause
115
What is Required to Constitute a Broker a Procuring Cause
118
Silence and Concealment 221
119
Procuring Cause as Affected by Special Contract
121
66
122
General Rule as to Procuring Cause
124
Procuring Cause when Representing Purchaser
125
Effect of Promises to Pay Commission
126
Unsuccessful Efforts
127
Failure Through Fault of Principal 124 Purchaser Taking Title in Anothers Name
129
Effort Required of Broker
130
Presence of Broker
131
Introductions
133
Advertising
134
Consummation of Sale by Another Broker
135
Principal
137
Sale Must Be on Employers Terms 131 General Statement 132 Purchaser Must Agree to Sellers Terms
141
All of Sellers Terms Must be
142
Acceptance by Owner of Different Terms
144
Brokers Commission if He is Procuring Cause Not Affected by Variation of Terms 136 Requirements as to Price
145
Increase of Price by Owner
146
Time of Performance
147
Liability of Broker for Failure to Sell
148
Broker Must Act in Good Faith 140 General Statement 141 Good Faith
150
Accepting Pay from or Acting for Other Party to the Transaction 143 Broker as a Principal in the Transaction or Making a Profit Therefrom Other T...
151
Broker Must Accept Largest Offer
152
When Refusal to Disclose Information is Not Bad Faith
154
Availability of Purchaser 146 General Statement 147 Ready and Willing to Purchase
155
Purchaser Not Ready and Willing
156
Procuring Person Who Takes Option
158
Change of Mind by Vendor 151 Disclosure of Purchaser
159
Waiver of Right to Disclosure of Purchaser
160
Financial Ability of Purchaser
161
When Financial Ability of Purchaser Need Not be Shown
162
Burden of Proof as to Financial Ability of Purchaser
164
Transaction Must Be Complete 156 General Statement 157 What Constitutes a Completed Transaction
166
General Rule as to Completeness of Transaction 159 All Details of Sale Must be Agreed Upon
167
Effect of Special Conditions on Completeness of Transaction
168
Failure to Contract
170
Modification of Terms 163 Options and Alternative Contracts
171
Abandonment by Broker
173
Failure of Principal to Complete 165 General Statement 166 The Brokers Obligation
175
General Rule as to Failure of Principal to Complete
176
Authority to Sell Does Not Give Authority to Exchange 180 Commissions from Both Sides 181 Rule when Contract has been Executed
187
Reason for Rule
189
Rule as Affected by Brokers Bad Faith
191
Commissions on Loans 184 General Statement 185 Commissions for Procuring Loan
193
Commissions on Leases
205
Who is Liable for Commissions
212
Amount of Compensation
222
Custom as Part of the Agreement
229
and Usage Defined 222 When Custom Binds the Parties
230
Ignorance of Custom
232
Proof of Custom
233
Rules of Real Estate Boards
235
Compensation in the Absence of Agreement or Usage
236
When Commissions Are Due 227 General Statement 228 Rule as to When Commissions are
238
Requirements of an Earned Commission
240
Unsupported Agreements to Wait for Commission
241
Valid Agreements Deferring Payment of Commissions 232 Contingent Commission Agreements
243
Construction of Agreements to Wait until Title is Closed
245
Deferred Commissions and Vendors Warranty as to Title
247
Commissions on Instalment Sales
248
PRINCIPAL AND AGENT Chapter XXIV Principals Relations to Agent 236 General Statement 237 Principal May Employ Several Brokers
250
Negotiations by Principal 239 Exclusive Agency
251
Intervention of Principal 241 of Authority 66 after Brokers Failure or Termination
252
Rule when Brokers Efforts Fail
253
Agents Relations to Principal 243 General Statement 244 Agents Responsibility to Principal
255
Agent Must Act in Interest of Principal 246 Agents Duty of Faithful Service
256
Agent Must Not Exceed Authority
257
Disclose Information 249 Agents Power to Make and Endorse Negotiable Paper
258
Liability for Conversion of Money
259
General Statement
260
Agents Knowledge Obtained in Other Transactions
273
FRAUD
291
Rescission
292
What Constitutes Fraud Acts Usually Considered
305
Waiver Rescission Remedies
318
Committed by More than
320
Proof of Fraud at Law and in Equity
321
Criminal Frauds 321 General Statement 322 Obtaining Property by False Pretenses 323 Compelling Execution of Instrument
327
Definition and Punishment of Conspiracy
328
Corrupt Influencing of Agents Unlawful Agreements of Agent
329
PROCEDURE Chapter XXXIV Pleading 326 General Statement 327 Scope of Chapter
330
Complaint for Brokers Commissions
331
Methods of Pleading 330 Pleading Legal Effect
332
the Facts Constituting the Cause of Action
333
Action Based upon a Contract
334
Facts to be Stated
335
Full Performance and Excuse for Performance
337
Pleading Special Agreements
338
Matters of Defense
339
Pleading Acts Done by Agent
340
Interpleader 338 General Statement 339 Double Claims for Commission 340 Nature of Interpleader 341 Interpleader Permissible in Brokers Commis...
341
States Interpleader Not a Universally Recognized Right
345
Method of Procedure
348
Interpleader When Action Brought in Court Having no Jurisdic tion to Interplead Requisites of Interpleader
351
Interpleader Makes Actions at Law Equity Suits
352
Agreements Relating to the Sale of Real Estate
353
Subject Matter of Contracts for Sale of Real Estate
363
Leases of Property Held under Contract of Sale
370
Schedule of Fees Charges and Commissions Brooklyn N
382
Miscellaneous Forms
426
Order of Interpleader
444
Complaint after Interpleader
445
66
447
Copyright

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Page 49 - AND seeing the multitudes, he went up into a mountain: and when he was set, his disciples came unto him: And he opened his mouth, and taught them, saying, Blessed are the poor in spirit: for theirs is the kingdom of heaven.
Page 32 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 42 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 31 - An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation, or a commission," is invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged, or his agent.21 § 23.
Page 406 - In witness whereof the said parties hereto have hereunto set their hands and seals.
Page 282 - Law of agency, where it is said: " wherever a party undertakes to do any act, as the agent of another, if he does not possess any authority from the principal therefor, or if he exceeds the authority delegated to him, he will be personally responsible therefor to the person with whom he is dealing for or on account of his principal.
Page 29 - The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged,' or by his agent: 1. An agreement that by its terms is not to be performed within a year from the making thereof; 2.
Page 329 - No agreement except to commit a felony upon the person of another, or to commit arson or burglary, amounts to a conspiracy, unless some act beside such agreement be done to effect the object thereof, by one or more of the parties to such agreement.
Page 34 - Where the agreement is to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the year, then a note in writing is not necessary, for the contingent might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Page 32 - No action shall be brought, whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriages of another person...

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