Reyher v. Finkeldey
Decision Date | 22 May 2018 |
Docket Number | AC 40296 |
Citation | 189 A.3d 179,182 Conn.App. 159 |
Court | Connecticut Court of Appeals |
Parties | Mark R. REYHER v. John A. FINKELDEY |
Matthew G. Berger, New London, for the appellant (defendant).
Michael Ruben Peck, for the appellee (plaintiff).
Alvord, Sheldon and Mihalakos, Js.
The defendant, John A. Finkeldey, appeals from the judgment of the trial court rendered in favor of the plaintiff, Mark R. Reyher, a licensed real estate broker doing business as Reyher Real Estate, requiring payment of his commission. On appeal, the defendant claims that the court improperly concluded that the plaintiff procured a buyer who was ready, willing and able to purchase the defendant's property under the terms of the listing agreement. We agree and, accordingly, reverse the judgment of the trial court.
The following facts, which are undisputed, are relevant to our analysis. On September 14, 2015, the defendant entered into a commercial exclusive agency listing agreement with the plaintiff for the sale of the defendant's property, located at 33 Plains Road in Essex. Under the listing agreement, the defendant authorized the plaintiff to offer the property for sale for the price of $870,000, and agreed to pay the plaintiff a 5 percent commission if he "procure[d] a buyer ... ready, able and willing to purchase ... the [property] for [$870,000] ... or for any other price or upon such terms as may be agreed to by the [seller], as signified by the buyer's ... execution of a written purchase contract." During the term of the listing agreement,1 the plaintiff procured a prospective buyer, Valley Railroad Company (Valley), and on October 14, 2015, presented the defendant with a real estate purchase and sales agreement, executed by Valley. Under the purchase and sales agreement, Valley counter offered to purchase the defendant's property for the listing price, $870,000, contingent on (1) its ability to obtain financing, (2) an inspection, and (3) having "120 day[s] to have [the] property reviewed for any environmental considerations." The defendant subsequently rejected Valley's offer, and a binding agreement to purchase the subject property was never reached.
On December 8, 2015, the plaintiff filed this action against the defendant, alleging that he was owed $43,500, a sum representing the commission he claimed to have earned by procuring a ready, willing and able buyer for the defendant's listed property. The case was tried to the court on February 8, 2017. During cross-examination by defendant's counsel, Kevin Dodd, the president of Valley, testified that Valley was not ready, willing and able to close on the property without fulfillment of the financing and inspection contingencies.2 On March 24, 2017, the court issued a memorandum of decision awarding the plaintiff damages in the amount of $43,500. The trial court found that the This appeal followed.
We turn to our standard of review and the legal principles that guide our resolution of the defendant's claim on appeal. The law is well settled that a real estate broker who procures a buyer ready, willing and able to purchase the subject property on the owner's terms is entitled to a commission pursuant to the provisions of a valid listing agreement. See, e.g., Vincent Metro, LLC v. Ginsberg , 139 Conn. App. 632, 638–39, 57 A.3d 781 (2012), cert. denied, 308 Conn. 907, 61 A.3d 1097 (2013). (Citations omitted; footnote added; internal quotation marks omitted.) Id. ; see also Dyas v. Akston , 137 Conn. 311, 313, 77 A.2d 79 (1950) ( ).
It is well established that until a contingency contained in a sales agreement has been met, a prospective buyer cannot be said to be ready, willing and able to purchase. See Frumento v. Mezzanotte , 192 Conn. 606, 617, 473 A.2d 1193 (1984) ( ); Menard v. Coronet Motel , Inc. , 152 Conn. 710, 711–12, 207 A.2d 378 (1965) ( ); Eames v. Mayo , 97 Conn. 725, 727–28, 117 A. 802 (1922) (...
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