Olson v. Neale
In Olson v. Neale, 116 Ariz. 522, 524, 570 P.2d 209, 211 (App. 1977), the issue was whether a current listing agreement was a "condition precedent to recovery of a sales commission." 116 Ariz. at 523, 570 P.2d at 210. The court first analyzed the requirements under the statute of frauds. Id. at 523-24, 570 P.2d at 210-11.
It then considered rules of the Real Estate Commission, which at the time mandated a written listing agreement with a "definite expiration date." Id. at 525, 570 P.2d at 212.
Viewing these legal requirements in tandem, the court concluded:
Taken together, it seems to us that the public policy of this State is that brokers, in order to collect a commission, must have a written listing, that the listing must contain a definite expiration date, and the listing agreement shall be deemed to cancel automatically on that date. Id.