Prowell v. Parks’s Empirical Analysis

Citation profile

1 district · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(A) “Broker” means any person who for a fee, commission, finders fee or any other valuable consideration, or with the intent or expectation of receiving the same from another, solicits, negotiates or attempts to solicit or negotiate the fisting, sale, purchase, exchange, lease or option to buy, sell, rent or exchange for any real estate or of the improvements thereon or any time-share interval ... collects rents or attempts to collect rents, auctions or offers to auction, or who advertises or holds out as engage in any of the foregoing; (B) “Broker” also includes any person employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a salary, fee, commission, or any other valuable consideration, to sell such real estate or any part thereof, in lots or parcels or other disposition thereof. It also includes any person who engages in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby the person undertakes primarily to promote the sale of real estate either through its fisting in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both[.]”

   1 later decision quote this exact passage
   e.g. Burks v. Elevation Outdoor Advertising, LLC

2. “Action by broker to collect compensation. — No action or suit shall be instituted, nor recovery be had by any person, in any court of this state for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provisions of this chapter to other than licensed brokers or affiliate brokers unless such person was duly licensed hereunder as a broker or affiliate broker at the time of performing or offering to perform any such act or service or procuring any promise or contract or the payment of compensation for any such contemplated act or service, [emphasis ours]”

   1 later decision quote this exact passage
   e.g. Bennett v. MV Investors

3. “(a) Any person who, directly or indirectly for another, with the intention or upon the promise of receiving any valuable consideration, offers, attempts or agrees to perform, or performs, any single act defined in § 62-13-102, whether as a part of a transaction, or as an entire transaction, is deemed a broker, affiliate broker or time share salesperson within the meaning of this chapter. (b) The commission of a single such act by a person required to be licensed under this chapter and not so licensed constitutes a violation thereof.”

   1 later decision quote this exact passage
   e.g. Business Brokerage Centre v. Dixon