- The leasing contract bears the broker's name, under "broker", and not as a signatory.
- Is there an agency law ground (or some other) to make the contract enforceable against the broker (given no communication between tenant and landlord) so that the case could be brought against the broker?
A disclosed agent is not liable in contract for acts conducted on behalf of the principle, unless the agent expressly agrees to be personally bound on the contract. But, a disclosed agent can be liable in tort for tortious acts that the agent personally participates in, even though the agent would not be vicariously liable for those act.
This means, in the vast majority of cases arising from written agreements, that the broker cannot be held liable for breach of contract.
Someone who is actually acting as an agent for another, but does not disclose that fact and appears to the other party to be acting on his own behalf, has the same liability as the principal.