Simple Property Transfer Agreement

Can the seller simply change his mind and avoid having to pay the brokerage commission? The usual rule is that if a broker finds a buyer who is “ready, willing and able” to buy or lease the property, he has earned his commission. Many courts have interpreted this provision in such a way that, even if buyers are unable to obtain financing, the commission is still due as soon as potential buyers have signed a contract of sale. To avoid this result, the seller should insist either on a “No Deal, No Commission” clause in the reference contract (which only allows the broker to pay if the sale is actually concluded), or on a clause in the sales contract that conditioned the purchase itself on obtaining financing by the buyer. [Norma Anderson Havens, owner of a particular farm in Marlette, Michigan, made a quit claim certificate to her only daughter, Linda Karen Anderson, in memory of her death. The crime was then recorded…