American Law of Real Estate Agency: Including the Duties and Liabilities of Principals and Agents : the Earning of Commissions by Real Estate Brokers, Pleading, Practice, and Judicial Constructions and Interpretations, and Forms for Listing, Brokerage, and Other Contracts

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W.H. Anderson Company, 1922 - 1053 頁
 

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Termination of the agency
17
A contract coupled with an interest
23
Special contract for the sale of real estate
24
Authority conferred on brokers and agents
28
consideration
37
CHAPTER IV
54
CHAPTER V
64
Attorneys at law
70
Trusts and trustees
76
CHAPTER VII
83
The vendor
89
CHAPTER VIII
97
Covenants
102
Conditional contracts
103
Death and its effect on contracts
104
Abbreviations
105
CHAPTER LX
106
Consent
107
Caveat emptor
112
Contingency
113
Changes in contracts
114
Counter proposition
115
CHAPTER X
116
58 Deeds their execution by agents
119
CHAPTER XI
120
Drunkenness
122
Guardian of minor or insane person
123
62a Appointment of receiver bars brokers commissions
124
Interest of tenant in common
125
Payments in installments
126
Indirect acts ineffectual to establigh contractual relations
128
69a Indirect sale which authorizes commissions to broker
129
CHAPTER XII
130
CHAPTER I
137
CHAPTER II
150
CHAPTER III
166
CHAPTER IV
185
CHAPTER V
198
CHAPTER VI
215
282282a Building materials building contract builders loan 226227
226
CHAPTER I
233
CHAPTER II
259
CHAPTER III
274
SECTION PAGE 308 Exoneration
280
Fiduciary relations
281
Failure of broker to report offer
282
CHAPTER IV
285
Fraud of broker against third persons
297
Fraud of subagent
300
Fraud of third persons against broker
302
Points of practice in actions for fraud
305
CHAPTER V
308
When a broker is and when not liable for interest
309
Improvement of property beyond authority of agent
310
Joint owner condoning fraud liable
312
Agent to sell has no power to grant license to cut timber
313
Power to sell land for settlement when not violated
314
337b Power to sell does not include power to give an option
315
34la Broker entitled to commission on land sold through mistake of owner
316
Broker has no right to receive Mexican money
317
Owner liable to prospective tenants for ury
318
Broker departing from instructions liable
319
Agent to collect interest no power to collect principal
320
Notice to agent
321
362a Oral agreement to act as sales manager upheld
322
CHAPTER VI
323
Undisputed possession for years raises presumption of agents authority to convey
324
SECTION PAGE
325
381a Agents to rent and care for land may purchase for themselves
331
CHAPTER VIII
337
409a Owner not bound to accept customer from broker at less price
344
SECTION PAGE
347
418a Broker to sell land has no power to bind principal by contract
350
PART IV
353
Broker not entitled as contract not a lease
359
SECTION PAGE
363
The first broker who succeeds is entitled to the commission
370
CHAPTER III
388
Introduction of prospective purchaser
395
SECTION PAGE
398
CHAPTER V
412
458a Negotiations not constituting a contract broker not entitled
421
CHAPTER VI
427
515a Waiver of variance in contract by acquiescence
470
523a Contract between agent and subagent need not be in writing
476
SECTION PAGE
485
554a Owner allowed recovery of withheld money from brokers barred
491
When commissions are not earned by broker
504
PLEADINGS PRACTICE AND JUDICIAL CONSTRUCTIONS AND INTERPRETATIONS
511
CHAPTER I
513
Acquiescence and waiver and effect upon brokers rights
517
Advertising and advertisements
521
Accord and satisfaction
522
Breach of contract
523
Correspondence
525
Advances
526
Acceptances
527
Conformity
529
Costs
530
CHAPTER II
534
Equity
535
Exceptions
540
Loan payable in gold
541
Limitations and restrictions
546
578a Broker masquerading as a middleman who acquired interests adverse to owner forfeits commission and must account for illgotten gains
547
Unless mistake be pleaded and proved each purchaser bound for the whole commission
548
Principal may remain neutral as to brokers claims
549
CHAPTER III
552
Real estate agent not liable for failure to remove snow from
563
602e Contract of employment must be in writing whether broker
571
When reasonable time immaterial
577
SECTION PAGE
578
SECTION PAGE
582
626a Custom insufficient to supply lack of employment as broker
585
Common counts
592
Petition that broker have over certain sum when not breached
598
Cannot recover on proof of substituted contract
600
Petition for commissions on passing of title defective
606
SECTION PAGE
610
Interpleader when not entitled thereto
616
SECTION PAGE
621
Amendment when error to refuse
622
CHAPTER VIII
643
CHAPTER IX
658
CHAPTER X
679
CHAPTER XI
692
CHAPTER XII
704
CHAPTER XIII
717
Nonsuit
729
CHAPTER XV
743
CHAPTER XVI
766
9301047h Instructions to juries 766840
840
CHAPTER XVIII
879
PART VI
929
FORM PAGE No 1Listing of property with agent for sale
931
No 3Exclusive agency for the sale of real estate
932
No 4Real estate board contract of exclusive agency to sell real estate
933
No 5Uniform sale contract adopted by the Cincinnati Real Estate Board
934
No 6Uniform contract to procure a purchaser adopted by the Cincinnati Real Estate Board
935
No 7Employment of agent to secure a loan
936
No 9Power of attorney to lease lands
937
No 10Contract for the sale of real estate
938
No 11Agreement for sale and purchase of land
939
No 12Agreement for the sale of land with special conditions
941
No 13Agreement for sale with special conditions short form
942
No 15 Agreement for the purchase of farm land on long time
943
No 16Agreement for the purchase of land with provision for the payment of purchase money by installments the pur chaser becoming tenant of the e...
945
No 17Sale of lot on weekly or monthly payments
947
No 18Agreement for the sale and purchase of a dwellinghouse
948
No 19Agreement to purchase subject to a mortgage which the purchaser assumes
950
No 20_Contract of sale of fee simple or leasehold of real estate
951
No 21Sale and purchase where part of purchase money is paid by mortgage
952
No 22Agreement for the sale and purchase of land
953
No 23 Agreement for sale with lease clause
954
No 24Agreement for a conditional sale of property
955
No 25Agreement for the sale of building lot with option to pur chase adjoining lots
958
No 26Agreement that purchaser may retain part of purchase money until a defect in the title is removed
959
FORM PAGE No 27Receipt for deposit by purchaser
960
No 30Agreement for exchange of properties
961
No 31Agreement for the exchange of parcels of land
962
No 32Agreement for the sale of building lots the vendor to make advances
963
No 33Agreement for exchange of real estate
967
No 34Agreement for the sale of standing timber
968
No 36Agreement for the sale of a growing crop of fruit
969
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第 937 頁 - States, giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or her substitute shall lawfully do, or cause to be done by virtue hereof.
第 945 頁 - And it is hereby agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises and to remove all persons therefrom.
第 946 頁 - November as above, and the said party of the first part, on receiving such payment at the time and in the manner above mentioned...
第 942 頁 - That the said party of the first part in consideration of the sum of $10, and other valuable considerations, to it in hand paid by the said...
第 951 頁 - ... the said premises to be then in the same condition in which they now are, reasonable use and wear of the buildings thereon, and damage by fire or other unavoidable casualty excepted.
第 958 頁 - With regard to the first three it is stipulated expressly that in respect of all these conditions, time shall be deemed to be of the essence of the contract.
第 961 頁 - ... due notice thereof in writing, served personally upon or left 23 at the shop, office, or usual place of abode, or with the agent of the said 24 party of the second part, and the said party of the second part...
第 949 頁 - ... either by public auction or private contract, and the deficiency (if any) occasioned by such second sale, together with all expenses attending the same, shall immediately after the same sale be made good to the vendor by the defaulter at this present sale...
第 967 頁 - This agreement, made and entered into this day of 19 .... by and between party of the first part, and , party of the second part...
第 954 頁 - State of...... ...... .........known and described as and the said party of the second part hereby covenants and agrees to pay to the said party of the first part...

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