Menard v. Sass

We are asked to construe ab initio a standard provision in a real estate broker's contract concerning moneys due broker if the buyer defaults. There is no question but that the broker produced a ready, willing and able buyer. Under Wisconsin law, he is entitled to a full commission. We hold that the provision in the standard listing agreement, in which broker agrees to take less, is operable only in a narrow instance. Since that instance did not occur here, broker is entitled to a full commission. We reverse the trial court's ruling to the contrary.

The language at issue is found in a standard…