R. J. & B. F. Camp Lumber Co. v. Tedder

Citations

• 78 Fla. 183
• 82 So. 865
• 1919 Fla. LEXIS 436

Syllabus

<p>1. A broker is entitled to his commission where he produces a customer who is ready, willing and able to buy the property upon the terms offered by the principal, but who refuses to consummate the transaction because of a defect in' the principal’s title.</p> <p>2. A broker has the right to rely on his principal’s assurance that the title to the land offered for sale is good, and if the sale fails because of defective title of which the broker had no knowledge, he is entitled to his commission.</p> <p>3. Where a broker is employed to find a purchaser for a tract of land, and he furnishes one who is ready, willing and able to buy the property, and because of defective title to part of the tract, the prospective buyer refuses to take such part, but does buy the part to which the title is good, the broker is entitled to his commission as if the entire tract had been sold.</p> <p>4. A broker, in the absence ’of notice to the contrary, is entitled to act upon the assumption that the principal has a marketable title, jand if a sale is not consummated solely because of a defect in the title, he is entitled to his commission.</p>