Under an exclusive listing the owner who sells personally still owes the exclusive agent
A worked RES examination question on listings and agency agreements, from our Paper 2 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
A developer appoints only a small panel of chosen agencies to market units in a new launch and reserves the right to sell units directly from its own sales gallery. A separate homeowner appoints a single agent exclusively. The agent asks how a personal sale by the principal is treated under each arrangement, and whether the developer and the homeowner are in the same position when they find their own buyer. The trainee's instinct is that a principal who does the work himself should never have to pay, but the trainer says that instinct is only half right. Which statement is correct?
The answer, and why
Answer: D
The rule. Under a sole (or joint-sole) marketing arrangement the principal — often a developer — may sell its own units without paying the panel. Under an exclusive listing the owner who sells personally still owes the exclusive agent. The two arrangements differ precisely on this point.
Why D is correct. Sole: developer may sell personally without paying the panel; exclusive: owner still owes.
The other options.
- B treats both as escaping commission; the exclusive owner does not.
- C bars personal sale under both; neither bars it outright.
- A reverses the two arrangements.
Exam note. Sole/joint-sole principal escapes the panel on a personal sale; the exclusive owner does not escape the agent.
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