![]() Citing the Georgia Brokerage Relationships in Real Estate Transactions Act (BRRETA) codified at OCGA § 10-6A-1 et seq., Killearn filed a motion for judgment on the pleadings or, in the alternative, to dismiss for failure to state a claim upon which relief may be granted, contending that the lack of a written brokerage contract barred Southeast's action as a matter of law. Southeast sought to recover under theories of breach of contract, procuring cause, quantum meruit and fraud. and Ted Liberty, the vice-president of Killearn. Asserting its entitlement to a real estate brokerage commission, Southeast Properties, Inc. ![]() which is valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof." Go to And, as recognized by statute, "rdinarily, when one renders service. The measure of recovery in quantum meruit is the reasonable value of the services rendered to the party who accepted them. ![]() In quantum meruit, a broker may obtain the value of his services, despite not being the procuring cause of the sale. A broker or agent makes out a prima facie case of procuring cause by showing "that negotiations for the sale were set on foot through his efforts, that he performed every service required by his employment which it was possible to perform, and that the failure on his part to personally consummate the trade was due to the interference of the defendant." Similarly, when there is no express contract, a broker may be able to recover payment for the value of his services in quantum meruit under an implied contract theory. At common law, the "procuring cause" doctrine may apply when there is no express contract governing the conditions under which a commission is to be paid.
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