The Requirement of Statute of Frauds for Real Estate Brokers to Receive Commissions and the Festering Minority View of Equity

Abstract

Part II of this Comment will discuss real estate commissions in general. Part III will discuss different views of real estate transactions across the nation. Then, in Part IV, this Comment will suggest that a festering minority of courts in states that have a Statute of Frauds requirement are currently disregarding the statutes or simply ignoring them in favor of the law of equity. Part V suggests that because some courts are ignoring the statutes, these states should reinforce their Statute of Frauds requirement by adopting language expressly stating that the statute must be followed and no commission can be granted even in quantum meruit in the absence of a written agreement.