EITEL V. OWEN
REAL PROPERTY: Sale of property after period covered by listing
PANEL: LAMBERT PRESIDING; STUMBO, THOMPSON CONCUR
Date Rendered: 9/19/2008
The Court affirmed a summary judgment entered in appellee’s favor on appellant’s claim for a real estate fee related to the sale of appellee’s apartment complex after appellee sold the complex to buyers who had rejected a counter-offer during the sale contract period. The Court held that the trial court correctly determined that the sale occurred well after the expiration of the listing agreement and extension and that appellant failed to produce affirmative evidence that appellee acted in bad faith by intentionally deferring the sale until after the listing agreement expired.
From Court of Appeals Monthly Decision