Charles A. Mueller Realty Co. v. Tucker Real Estate Co.

Deen, Judge.

1. May Bagley and Mitchell, Jr. be liable for commissions based on the plaintiffs listing with Mitchell, Sr. ? Where a broker has been the procuring cause of the sale, even though he has not sold the property, he may collect his commission, but "in determining whether or not a broker was the procuring cause of the sale where there is no exclusive contract to sell, it must be established that (1) the negotiations were still pending between the broker and the prospective purchaser; and (2) the owner was aware that the negotiations were still pending at the time he consummated the…