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Bradley v. Banks

District Court of Appeal of Florida, Third District
Apr 4, 1972
260 So. 2d 256 (Fla. Dist. Ct. App. 1972)

Summary

affirming lower court ruling that contract to pay a portion of commission to unlicensed person who secured property listing was void

Summary of this case from In re Vilsack

Opinion

No. 71-985.

April 4, 1972.

Appeal from the Circuit Court, Dade County, Jack A. Falk, J.

Turner, Hendrick, Guilford, Goldstein McDonald and S. Alan Stanley, Coral Gables, for appellants.

Shutts Bowen and Robert C. Sommerville, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.


This is an appeal from a final judgment entered after rendition of summary judgment for the defendant on counts 1, 2 and 3 of plaintiffs' complaint and dismissal of count 4 as insufficient. We affirm.

The appellee was entitled to summary judgment on plaintiffs' claim for a portion of a real estate commission because there was no genuine issue of material fact concerning the proposition that plaintiff-appellant Bradley was not registered as a real estate broker or salesman "at the time the act or service was performed." Fla. Stat. § 475.41, F.S.A.

The entire text of Fla. Stat. § 475.41, F.S.A., is as follows:
" 475.41 Contracts of unregistered person for commissions invalid. — No contract for a commission or compensation for any act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed."

Appellant Bradley claimed a portion of a real estate commission and it appears that appellee Banks agreed to pay that portion to appellant for appellant's services in securing a listing. Appellee Banks subsequently received a large commission because of the listing. Appellant Bradley was not registered as a real estate broker or salesman at the time he procured the listing. He was not so registered at the time he submitted the listing to Banks. He was not so registered at the time Banks agreed to pay him a portion of the commission. Therefore, it is immaterial that appellant Bradley was reinstated as a registered salesman before the actual contract to purchase was delivered. We think that the contract to pay a portion of the commission was entirely void as a matter of public policy based upon legislative enactment. Harris v. McKay, Fla.App. 1965, 176 So.2d 572; cf. Wegmann v. Mannino, 253 F.2d 627 (5th Cir. 1958).

The contract being void as a matter of public policy, the services rendered in connection therewith cannot be made the basis for a quantum meruit claim as appellants suggest in their fourth count.

Affirmed.


Summaries of

Bradley v. Banks

District Court of Appeal of Florida, Third District
Apr 4, 1972
260 So. 2d 256 (Fla. Dist. Ct. App. 1972)

affirming lower court ruling that contract to pay a portion of commission to unlicensed person who secured property listing was void

Summary of this case from In re Vilsack
Case details for

Bradley v. Banks

Case Details

Full title:J. WILLIAM BRADLEY AND ROBERT E. BAKER, APPELLANTS, v. CLYDE M. BANKS…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 4, 1972

Citations

260 So. 2d 256 (Fla. Dist. Ct. App. 1972)

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