Read Litton Loan Servicing v. Manning attached as a file. Manning and Intrarealty were awarded a real estate commission after a jury trial because a ready, willing and able buyer was located for the property even though the buyer canceled the contract because of delay in getting marketable title. The jury awarded the real estate broker the commission plus attorney's fees but the court of appeals found evidence insufficient to show the broker complied with the Statue of Frauds as codified in TRELA.

Answer the following questions to complete this assigment

1. Is it fair for a broker to seek or receive a commission if the contract does not close? How did that apply to this case? Was it a factor in the court's decision?

2. A broker fee agreement must be signed by the party agreeing to pay. Was lack of a signature a problem in this case? Explain.

3. What defects in the contract did the appellate court find to reverse the award of fees due to not complying with the TRELA requirement of a written contract?

4. Under some circumstances a winning party recovers attorney's fees. Is that fair? What happened in this case regarding attorney's fees?

5. Manning assisted in locating documents to get a marketable title ready for this closing. Is this part of a broker's role in assisting clients? Should it be? Explain.