Update on the “West” question.
This is an old…OLD CPA Exam question…not really sure how it ended up in there as wrong – but it is wrong.
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West, an Indiana real estate broker, misrepresented to Zimmer that West was licensed in Kansas under the Kansas statute that regulates real estate brokers and requires all brokers to be licensed. Zimmer signed a contract agreeing to pay West a 5% commission for selling Zimmer’s home in Kansas. West did not sign the contract. West sold Zimmer’s home. If West sued Zimmer for nonpayment of commission, Zimmer would be:
A liable to West only for the value of services rendered.
B liable to West for the full commission.
C not liable to West for any amount because West did not sign the contract.
D not liable to West for any amount because West violated the Kansas licensing requirements.
Correct Answer: D
Zimmer is not liable to West as West is not licensed in Kansas and, therefore, makes this contract void.