Webb Owens signed a listing agreement with Tom-Tom Realty to sell his 7,200-acre ranch. Ralph Watkins, the listing agent from Tom-Tom, assures Webb that if Webb finds a buyer there is no commission due and owing. However, the title at the top of the signed listing agreement is Exclusive Right to Sell. Webb does indeed find a buyer for the ranch, the sale goes through, and both Ralph and Tom-Tom demand their commissions. Must Owens pay the commission?
A) No, Owens had an open listing
B) No, because Owens was the procuring cause of the sale
C) Yes, because the parol evidence rule requires the enforcement of the written agreement
D) No, because Watkins engaged in misrepresentation
Question 2
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