Scheerer, a licensed real estate agent, and Fisher, a manager ofcommercial real estate, worked together on past real estate dealsand knew each other from their business relationship. Scheerer gaveFisher a tip that some commercial real estate was on the marketthat Fisher might be interested in purchasing. Fisher made an offerto buy the properties and, with this offer, orally contracted for a2 percent commission for Scheerer from the seller and another 2percent commission from himself. Unfortunately, that deal fellapart. Shortly thereafter, however, Fisher formed another companythat purchased real estate and bought the very same property.Scheerer was not paid a commission on the deal and sued, contendingthat he was an agent for Fisher and that an implied contract forhis services had been breached. Fisher argued that no formalcontract in writing regarding the commission or Scheerer's agencyrelationship was ever created.
[ Scheerer v.Fisher, 688 S.E.2d 472 (2010).]
Did the authority of the agent in this case need to bein writing to be legally binding? Does the fact that there was noseparate, written agency contract between Fisher and Scheerer meanthat an agency relationship did not exist?
