UPDATE! This update pertains to the Henry v General case.

The case summary states that Defendant seller rejected the full price offer "because it was subject to certain contingencies." This short sentence doesn't fully explain all of the facts, which are as follows:

1. The full price offer was conditioned on Defendant seller paying the transfer taxes and furnishing an owners title insurance policy.

2. Defendant seller failed to acknowledge the offer after it was sent by registered mail to two addresses as well as by fax.

3. When Plaintiff broker filed a lawsuit for the commission, Defendant stated that the conditions contained in the offer were not "satisfactory."

The point of this update is to emphasize that the Court found the two conditions contained in the offer to be reasonable and normal and "contemplated" in the listing agreement. Licensees should not assume that brokers are automatically entitled to commissions every time they present full price offers and regardless of the contingencies.