Problem 1: "Ed Kelly gave Dave Gould Realty an exclusive listing on property owned by Kelly. Gould showed the property to Nadine McNicols, a real estate developer. McNicols had numerous questions relating to zoning, and Gould referred her to Kelly's attorney, who answered her questions and supplied her with additional information. When McNicols learned that Gould was showing the property to other prospective buyers, she made an offer directly to Kelly. Kelly accepted the offer but refused to pay Gould a commission. What argument could be made for Kelly and for Gould? Who would win if Gould sued? Why?"
Problem 2: "Caldwell listed property with Burnette, a broker, at $3,000 per acre. The listing was open. Burnette showed the property to Donaldson, who stated that the price was too high. He requested Burnette to persuade Caldwell to reduce it. Burnette submitted an offer of $2,750 to Caldwell, but Caldwell would not accept the lower price. Several months later, Caldwell listed the property with Crutchfield at $2,500. Crutchfield showed the property to several prospective purchasers, including Donaldson. Donaldson offered $2,750, and the property was sold to him at that price. When Burnette heard of this, he demanded a commission. When Caldwell refused, Burnette sued. Would Burnette be successful?"