King v. Dean

Even if the question, as to whether plaintiff had “negotiated” with the Ghearings, could be considered one of fact, the plaintiff should still fail in this action. Pursuant to the exclusive listing contract executed between the plaintiff and defendants, the plaintiff was their agent for the purpose of obtaining offers and to facilitate the sale. The law imposes upon such an agent a duty to report his negotiations with prospective purchasers to his principals, especially where he expects to rely upon those negotiations as a basis for claiming a commission on the sale of their property after…