Deer Run Properties LLC listed a number of condominiums for sale with a real estate broker in September 2005. The listing agreement gave the listing broker the exclusive agency to attempt to sell the property for 12 months, at a 10 percent commission.The broker listed the property on a local multiple listing service (MLS), offering a 5 percent commission as compensation to cooperating brokers/MLS members who cooperated by being the procuring cause of a sale. Several months later, some prospective buyers contracted with Deer Run directly to purchase several of the condo units. Keys to the Lake Lodgings Co., the buyers' broker, recorded a broker's lien notice against the units and notified Deer Run of the lien. Deer Run sued to remove the lien notice, and Keys counterclaimed on groun...
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