The Summit Real Estate Group v. Bernard Fallon, et al.
Published: Jan. 19, 2002 | Result Date: Oct. 1, 2001 | Filing Date: Jan. 1, 1900 |Case number: OOCC05384 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Eric P. Francisconi
(FitzGerald, Yap & Kreditor LLP)
Defendant
Jeffrey S. Benice
(Law Offices of Jeffrey S. Benice)
Facts
The defendants had retained the plaintiff real estate brokers to locate a purchaser for their home. The plaintiff
acted as the defendantsÆ real estate broker pursuant to an agreement entered into by the parties on Aug. 11,
1999. This agreement expired six months later on Feb. 11, 2000. At no time during the plaintiffÆs six-month
listing did they present any offer to the defendants to purchase the property.
Two weeks later, on Feb. 26, the defendants signed a new listing agreement with a different broker, the co-
defendant Coldwell Banker. Shortly after the listing agreement expired with the plaintiff, the plaintiff
previewed the defendantÆs home to a potential buyer with the defendantÆs knowledge and consent.
At the time of the expiration of their listing agreement, Feb. 11, 2000, this potential buyer had not seen the
home nor made any offer to purchase it. However, as an accommodation to the plaintiff, the defendants orally
granted the plaintiff an additional time period to March 27, 2000 in order to conclude a purchase transaction
with the potential buyer.
During the extension period, the plaintiff presented an offer from the potential buyer and the defendants made
several counter offers. The defendantsÆ final offer to sell the property was at $4,586,000, and the potential
buyerÆs final offer was $3,907,000. The counter offerÆs terms mandated that if the prospective buyer failed to
respond by March 20, 2000 it was deemed "revoked." The prospective buyer failed to respond on March 20,
2000.
On March 29, 2000 the same buyer submitted a new offer through the defendantsÆ new
broker, the co-defendant Coldwell Banker. During the period March 29, 2000 to April 7, 2000 the
defendants and the potential buyer exchanged six counter offers. On April 7, 2000 the
defendants and the buyer reached an agreement, and the defendants sold their residence to the
buyer for $4.1 million and the co-defendant broker, Coldwell Banker, received the entire real
estate commission.
Settlement Discussions
The plaintiff demanded $60,000 before trial. The defendants made no offer.
Damages
The plaintiff claimed $126,000 in damages arising from the unpaid real estate commission.
Other Information
After the plaintiff had rested its case, the defendants moved for a nonsuit. The co-defendant Coldwell Banker settled at the beginning of trial.
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