Question 52

The broker or one of the broker's licensees must be the procuring cause for the sale.

To collect a commission in the context of an open listing, it is essential that the broker or one of their licensees is the procuring cause of the sale. This means they must have played a significant role in facilitating the sale to earn their commission.

A) The broker must put the listing in the MLS

This option is incorrect because an open listing does not require the property to be listed in the Multiple Listing Service (MLS). Open listings allow sellers to retain the right to sell the property themselves, and brokers are not obligated to use the MLS.

B) The listing must have a protection clause

This option is also incorrect as open listings typically do not include a protection clause. A protection clause is more commonly associated with exclusive listings, where brokers are ensured a commission under specific conditions.

C) The broker or one of the broker's licensees must be the procuring cause for the sale

This option is correct. In order for the broker to receive a commission from an open listing, they must prove that they or one of their representatives was the procuring cause of the sale, which establishes their entitlement to the commission.

D) The broker must notify any other broker with an open listing on the property of the sale within 2 days after acceptance of an offer

This option is incorrect as there is no legal requirement for a broker with an open listing to notify other brokers about the sale in such a timeframe. The nature of open listings allows sellers to work with multiple brokers without such notification obligations.

Conclusion

The requirement for a broker to collect a commission in an open listing scenario is that they must be the procuring cause of the sale, which makes Option C the only correct choice. The other options do not reflect the nature of open listings or the conditions necessary for commission entitlement, reinforcing why they are not applicable in this context.