Plunkett v. Marsh

By JUDGE JOSEPH E. SPRUILL, JR.

The principle issue in this proceeding is whether a listing agreement signed by an owner granting to a real estate agent "the exclusive and irrevocable right to sell certain real estate" is an offer which can be transmitted by the agent to a third party for acceptance, thereby creating a binding contract which the owner is obligated to perform. We conclude that under the facts in this case, the listing agreement is not the equivalent of an offer.

On September 24, 1988, James E. Marsh (Owner) signed a Virginia Association of Realtors Exclusive Authorization to…