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Real Estate Broker Commission Delaware Case Law

The general rule is that even if a broker shows property to a prospective purchaser, he is not entitled to compensation for his labor where the sale is not consummated. Slaughter v. Stafford, Del. Supr., 141 A.2d 141, 145 (1958):

In the absence of an express stipulation, performance may be completed by the broker, and he or she is entitled to a commission, when a binding contract is entered into between the seller and the buyer.

Although, in other cases, consummation of the contract negotiated may be necessary in order for the broker to be entitled to a commission.

A later Delaware case stated an exception: "if a duly authorized broker produces a prospect ready, willing and able to meet his principal's express terms, the commission has been earned whether or not the transaction is thereafter consummated; and this is so even though the principal may thereafter withdraw the broker's authority and dismiss him." B-H, Inc. v. Industrial America, Inc., Del. Supr., 253 A.2d 209, 213 (1969).

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