What is the general nature of a listing agreement?

British Columbia, Canada


The following excerpt is from Lumley-Jones v. Greenway, 1995 CanLII 203 (BC SC):

13 The general nature of a listing agreement was stated by Duff J. for the majority in Peacock v. Wilkinson, 1915 CanLII 58 (SCC), [1915] 51 S.C.R. 319 at 333: "The mere listing of property with such an agent implies nothing more than a representation that the proprietor is prepared to do business upon those terms and is not in itself an offer to sell which may be accepted and converted into a binding agreement by any purchaser saying to the agent that he will take the property on those terms. The agent's business is to procure a purchaser, that is to say, to bring into contact with the vendor a person willing to purchase on the terms mentioned. Having done that he has performed his function and earned his commission, provided his authority is not in the meantime revoked by the sale of the property by the proprietor. The listing alone gives him no authority to bind the proprietor by a contract of sale."

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