Contracts
An Oregon listing agreement specifies that the commission is 'payable upon closing.' If the buyer defaults and the transaction never closes, the listing broker:
AIs always entitled to a commission regardless of closing
BIs typically not entitled to a commission unless the contract specifies otherwise or the seller wrongfully prevented closing✓ Correct
CCan sue the buyer directly for the commission
DMay retain the earnest money as compensation
Explanation
If the listing agreement states commission is 'payable upon closing' and the buyer defaults so the transaction never closes, the broker is typically not entitled to a commission — unless the seller wrongfully prevented the closing or the contract has specific provisions addressing buyer default.
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