Vanderbilt Law Review

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In earlier articles I have discussed problems dealing with the enunciation and expression of listing agreements, their formal import' and the effect of one important segment of many of the attendant" payment" clauses. The former article concerned itself with the general problem of the relationship existing between a real property owner and his broker, while the latter dealt with the significance of words by which the payment clause of a brokerage agreement was introduced and with the effect of a wrongful default by the landowner. The present article will consider the legal significance of the actual terms employed to designate the act of acceptance required of the broker before he is entitled to a commission. In as much as statement of an outside event expressed in a commission payment clause is commonly characterized as stating a condition precedent to a valid claim for commission, and is, in effect at least, treated as a part of the broker's undertaking, use of terms in such context will be commingled unless the discussion expressly indicates otherwise.