Moore & Co. v. T-A-L-L, Inc.

We granted certiorari to review the decision of the court of appeals in T-A-L-L, Inc. v. Moore and Co., 765 P.2d 1039 (Colo.App.1988), which held that a real estate brokerage company which has entered into an exclusive listing agreement with the seller and breaches its fiduciary duty to the seller forfeits the total amount of the commission paid by the seller, even though the broker, under the real estate contract of sale, is required to split the commission with the buyer (another real estate broker). We agree with the court of appeals that when, as here, a real estate broker breaches a…