Sonday v. Dave Kohel Agency, Inc.

¶ 57. (dissenting). Absent an express provision in the listing contract, it is unclear whether a broker is entitled to a commission when there is a transfer of property by condemnation. Applying a long-standing rule of construction, I conclude that any ambiguity here should be construed against Kohel. In my view, the listing contract in this case should not be interpreted to provide that Kohel receive a commission. Accordingly, I respectfully dissent.

¶ 58. The WB-5 form listing contract used in this case includes the following provisions:

COMMISSION: Seller shall pay Broker's commission, which…