Purpose of the law, clarity
A careful reading of the law demonstrates that one of its primary objectives is to protect the purchasers. It requires the contract to stipulate in the most direct and unmistakable manner the specific asset or assets which are being offered for sale and which of the parties was the primary force and in concluding the agreement.
Numerous court decisions substantiated the importance of the law. The law stipulates that the party who hires the agent must sign the order form engaging the agent. This, benefits both parties. It clarifies that they are both parties to an agreement which requires the agent to provide services stipulated in the agreement. And it also clarifies that the party who engaged the agent bears sole financial responsibility for paying for the agent’s services.
Other court rulings demonstrate that the law regulates apparent loopholes which existed in the relationship between agents and their clients. These include: determining that the agent was indeed hired, the responsibilities of the client, which of the parties is required to pay the agent’s fee, the actual cost of the agent’s fee, and all other areas of dispute which could result in court action.