In the application of this test, when there is a conflict of laws problem involving contract rights, the determinative law is the place of performance. Fox-Greenwald Sheet Metal Co. v. Markowitz Bros., Inc., 147 U.S. App. D.C. 14, 452 F.2d 1346, 1354 (1971).
In defining the place of performance, the Court in Fox-Greenwald quoted the Restatement 2nd, Conflict of Laws, § 196 (1971), which says in pertinent part ". . . the local law of the state where the contract requires that the services or, a major portion of the services . . ." be rendered should control questions of the validity of the contract.
Defendant further quotes the Restatement 2nd to the effect that in applying the above definition to land contracts, the situs of the land is of major significance and if the parties thought about the matter at all, they would probably have intended that the law of the situs should apply.
Finally, defendant cites Pratt v. Sloan, 41 Ga. App. 150, 152 S.E. 275 (1930), which held that a Florida real estate agent could not recover its sales commission against a Georgia landowner for the sale of Florida land because the real estate agent was not duly registered in Florida. Suit was filed in Georgia and the Court there applied Florida law as the place of performance for the contract. § 475.41 was in effect at that time, thereby precluding any recovery.
Defendant concludes by pointing out that the land herein is in Florida and the eventual purchaser is a Floridian. Therefore, the contract was to be performed, and in fact was performed, in Florida and therefore Florida law must apply.
It is the opinion of the Court that the situs of the land is the crux of defendant's argument. Contracts with the State of Florida and Florida's possible interests in applying its real estate broker registration law are all dependent on the fact that the land involved herein is situated in Florida. The Court therefore concludes that this choice of law question will best be resolved by focusing on the relationship of the situs of the land to a real estate brokerage contract.
The Supreme Court was faced with that same issue in Selover, Bates & Co. v. Walsh, 226 U.S. 112, 33 S. Ct. 69, 57 L. Ed. 146 (1912) wherein the defendant sought to employ Colorado law as controlling the construction of a land sales contract because the land was situated in Colorado. The contract was made in Minnesota. The Supreme Court concluded that such actions are personal in nature. No remedies are sought against the land; it does not affect title, possession or any right in the land. As a personal contract action, the law of Minnesota, the place of contracting, was held to be decisive.
The Supreme Court's position in Selover, Bates & Co., supra, is regarded as the well-established majority opinion in the state courts as succinctly stated in the American Law Reports as follows:
"A real estate broker of one state who engages in isolated instances in selling real estate in another state is not subject to the statutory requirements of the latter state as to the necessity for procuring a license as a real estate broker; and, if he is duly licensed according to the laws of the state where the contract of employment is made, he may recover his commissions notwithstanding the fact that he is not licensed according to the law of either the situs of the property or the state of the forum, if the forum is in a different state."