75. Under what circumstances may a licensee collect a commission from a seller AFTER the listing agreement has expired?
Answer: D
There are no circumstances under which this is acceptable.
A licensee cannot collect a commission from a seller after the listing agreement has expired. Once the agreement has ended, the licensee loses the right to receive compensation for services performed under that agreement.
A) If an amendment to that effect has been signed
This option is incorrect because even if an amendment were to be signed after the expiration of the listing, it would not retroactively grant the licensee the right to collect a commission for services rendered during the original listing period. Amendments typically apply to existing agreements and cannot create obligations outside of the original terms once those terms have expired.
B) If the original listing has an automatic extension
This option is also incorrect as it suggests that an automatic extension would allow commission collection post-expiration. However, if the listing agreement has formally expired, the automatic extension must be in place prior to expiration for the licensee to retain the right to a commission. If the listing has expired without such an extension, the licensee cannot collect a commission.
C) If the listing can be cancelled at any time
While a listing agreement that can be cancelled at any time provides flexibility, it does not change the fact that a licensee cannot collect a commission after the agreement has expired. The potential for cancellation does not imply ongoing entitlement to commissions once the formal listing period has ended.
D) There are no circumstances under which this is acceptable
This option is correct because it aligns with the principle that once a listing agreement has expired, the licensee forfeits their right to collect a commission. No circumstances allow for this collection after expiration, ensuring that the seller is not bound to pay for services that are no longer legally supported.
Conclusion
The correct answer firmly establishes that a licensee cannot collect commissions after the expiration of a listing agreement under any circumstances. Options A, B, and C incorrectly imply situations that would allow for commission collection despite the agreement's expiration, while option D accurately captures the legal standing in real estate transactions regarding expired agreements.