The correct Massachusetts answer is B. Older question banks often state that a broker earns the commission simply when the seller accepts an offer from a ready, willing, and able buyer. That formulation is too broad for Massachusetts.
Under the Massachusetts rule associated with Tristram ' s Landing, Inc. v. Wait, absent a special contractual provision, the broker generally must produce a buyer who is ready, willing, and able to purchase on the seller ' s terms; the buyer must enter into a binding contract with the seller; and the transaction must ultimately be consummated by closing.
An important exception exists where closing fails because of the seller ' s wrongful act or interference. A seller should not be able to avoid commission liability by deliberately preventing a transaction that the broker successfully procured.
The listing agreement itself remains extremely important because the parties can define the circumstances under which compensation becomes payable, subject to applicable law.
Study Guide Reference: Massachusetts License Law/Agency — Broker Compensation, Procuring Cause and Tristram ' s Landing Rule.
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