It's Time To Rewrite Wisconsin's Single-Party Listing Agreement

A note to the drafters of Wisconsin's single-party listing contract: It's time to redefine what triggers the payment of a commission under the contract after a recent decision of Wisconsin's supreme court in Ash Park, LLC v. Alexander & Bishop, Ltd, 2015 WI 65, where the court permitted a broker to collect its commission, despite never having delivered a viable buyer.

Ash Park is no stranger to the appellate courts in Wisconsin. The case first wound its way through the courts over five years ago when the buyer, Alexander & Bishop, failed to perform on a contract to purchase a vacant parcel of land for $6.3 million from the seller, Ash Park. The supreme court's first foray into the dispute, Ash Park, LLC v. Alexander & Bishop, Ltd., 2010 WI 44, affirmed the award of specific performance in favor of Ash Park.