Hitchcock Properties, Inc. v. Levering

OPINION

WARREN, Justice.

This is a suit to recover a real estate commission for the sale of an option. The trial court granted summary judgment against the appellant-broker, holding that the Real Estate License Act, Tex.Rev.Civ. StatiAnn. art. 6573a, sec. 20(b) (Vernon Supp.1989) barred appellant’s cause of action.

The main question for our determination is whether the Real Estate Licensing Act prohibits the enforcement of an oral agreement to pay a commission for the sale of an option to purchase land.

Before deciding the main issue, we must decide whether the sale of an option to purchase land…