A broker is entitled to his commission as soon as his work is done. He does not have to wait until title closes and any agreement he may make to do so, after his commission has been earned, would not be binding upon him, but would fail for lack of consideration. The same would be true of an agreement made under similar circumstances to take less than the regular commission, or to split the commission with some one. In some cases in order to make a deal, an owner may modify his terms on condition that the commission be deferred or reduced. If this can be shown to be a consideration for the promise, the broker would be bound by it.

The refusal of the seller to complete the transaction, or his inability to do so, does not affect the broker's claim for commission. Nor does the failure to complete on the part of the purchaser affect it. Owners in making a contract of sale or exchange should see that they obtain a sufficient deposit as their liability for commission to the broker is fixed.