Law of Real Estate Brokers: With Forms ...

Front Cover
Ronald Press, 1910 - Brokers - 473 pages
 

Contents

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
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
Procuring Cause as Affected by Special Contract
121
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
Special Agreements as to Title
178
Causes of Failure
179
Failure of Customer to Complete 171 General Statement 66 172 Rule as to Failure of Customer
181
Abandonment of Broker by Customer
182
Misrepresentations by Vendor
183
Commissions on Exchanges of Property 175 General Statement 176 Conflicting Decisions as to When Commissions are Earned 177 Commissions on...
185
Employment
186
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
When Commissions Are
238
PRINCIPAL AND AGENT
250
General Statement
260
Liability of Principal to Third Parties
266
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
324
Proof of Fraud at Law and in Equity
325
Criminal Frauds 321 General Statement 322 323 324 Obtaining Property by False Pretenses 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
Interpleader Not a Universally Recognized Right
345
Method of Procedure
348
Interpleader When Action Brought in Court Having no Jurisdic tion to Interplead 345 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
66
447
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