[WSBARP] Listing agreement damage, limitation

Douglas Scott doug at rainieradvocates.com
Wed Apr 12 11:12:17 PDT 2023


Bryce,
The $250,000 may well approximate the Realtor's 3% commission and thus they
are limiting any damages to the commission.  I have never heard of this,
but a creative Realtor may be seeing if the seller will go for it. I doubt
this is standard language in any CBA Listing form.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


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On Wed, Apr 12, 2023 at 10:05 AM Bryce Dille <Bryce at dillelaw.com> wrote:

> A client just presented me with a listing agreement from a commercial
> broker relative to the sale of a commercial parcel for approximately $8
> million and the listing agreement states that the maximum that the broker
> is liable for is $250,000. I have never so far seen this limitation of
> damages in a listing agreement, and as far as I know, the broker license
> statute does not contain any language that permits language limitation as
> far as the liability of a broker I would appreciate any input any of you
> have in this regard thank you .
>
> Bryce H. Dille
> Dille Law, PLLC
> Office: 360-350-0270
> Cell: 253-579-5561
>
> ** Please note that I use the dictation feature of my iPhone and that
> sometimes everything I say does not get properly translated**
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