In October 1984, defendant executed plaintiff broker Merritt Associates, Inc.'s standard-form exclusive-right-to-sell agreement. Thereunder, defendant's property, a co-op townhouse, was to be offered for sale at a list price of $375,000 and the agent was entitled to a commission of 5% of the selling price. The terms "listing" and "selling" price were not defined in the agreement. It appears both parties were operating under the erroneous premise that the purchaser of the...
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