[WSBARP] Listing agreement damage, limitation

[Roger Hawkes]

Is it true that parties are free to contract for any ‘not illegal’ compensation not forbidden by the license statute?

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
Sent: Wednesday, April 12, 2023 11:12 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Listing agreement damage, limitation

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<http://www.rainieradvocates.com/>


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

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