The court first considered the Buyer's Representative argument that it did not need a contract directly with the Seller in order to earn a commission, as the listing broker's
agreement with the Seller allowed the listing broker to use
subagents.
REALTORS ®, acting as
subagents or buyer / tenant representatives or brokers, shall not use the terms of an offer to purchase / lease to attempt to modify the listing broker's offer of compensation to
subagents or buyer / tenant representatives or brokers nor make the submission of an executed offer to purchase / lease contingent on the listing broker's
agreement to modify the offer of compensation.