Even when there is no contract involved, a Florida real estate broker can be entitled to a commission fee if he is considered the procuring cause of a sale.
In my last blog article, we discussed court decisions that have set the standard for proving a procuring cause of sale.
For instance, in Sanson v. Dutcher, et al the court said “For a broker to be considered the procuring cause of a sale, he must have brought the purchaser and seller together and the sale consummated as a result of continuous negotiations conducted by the broker.”
Today, let’s look at the 1944 case that seems to have birthed the procuring cause of sale doctrine in Florida.
Birth of the Procuring Cause of Sale Doctrine
In Taylor vs. Dorsey, a real estate broker was hired by a property owner to secure a buyer that was ready and willing to purchase. The broker carried out his duties by finding a willing buyer. The buyer submitted an offer to the property owner and it was accepted. But before the closing date, the seller (who initially accepted the offer) decided to pull out of the deal.
The broker filed a lawsuit seeking a commission from the seller for securing the buyer, although the actual closing on the property never took place.
The Supreme Court of Florida heard the case and ruled that the property owner was obligated to pay a commission to the broker he hired. The fact that the owner pulled out of the deal before the closing took place did not matter as he’d already accepted the buyer’s offer.
The court explained its decision in two parts:
1) A seller can reject an offer that is presented by the buyer the broker secured. But if he (the seller) decides to accept the buyer’s offer, he must pay the broker’s fee; and
2) If the broker is responsible for bringing the buyer and seller together through continuous negotiations by the broker, he cannot be denied commission after the seller decides to reconsider the terms of an offer he has already accepted.
The Taylor case gives brokers a chance to collect a commission when an offer has been accepted, but the terms are reconsidered and the closing that never happens.
Involved in a dispute over real estate commissions? Email our Fort Lauderdale real estate attorneys or give us a call at 954-779-7009.


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