Bishop v. Hansen

Becker, A.C. J.

To satisfy the statute of frauds for a real estate brokerage agreement, the written agreement must specify how the broker is to be paid. If the broker is to receive a commission based on the sales price of the property, the listing price is not a necessary term and its absence will not invalidate the agreement.

Appellants Elsie and James Hansen entered into an exclusive real estate listing agreement with Roy Bishop, a real estate broker. The listing agreement, written on a form contract, stated that Bishop would have the “sole and exclusive right” to submit offers to purchase…