Stinson v. Teelin Real Estate, Inc.

• Decision Date: 09 May 1979
• Docket Number: No. LL-199,LL-199
• Parties: W. I. STINSON, Jr., Appellant, v. TEELIN REAL ESTATE, INC., Appellee.
• Court: Florida District Court of Appeals

Page 1205

370 So.2d 1205

W. I. STINSON, Jr., Appellant, v. TEELIN REAL ESTATE, INC., Appellee.

No. LL-199.

District Court of Appeal of Florida, First District.

May 9, 1979.

Betty Owen Stinson, Tallahassee, for appellant.

Daniel C. Campbell, and Ferrin C. Campbell, Sr., Crestview, for appellee.

PER CURIAM.

Appellant appeals from a final judgment against him for recovery of a real estate broker's commission. Appellant contends that the evidence does not support the judgment in that it is not shown that he ever agreed to pay or was made aware that the appellee-broker was claiming a real estate commission from him in connection with the transaction; and alternatively, that in view of the trial judge's finding that the broker represented both seller and purchaser, there being no evidence of the knowledge and consent of this arrangement by either, the broker is not entitled to commission from either party. We agree that the judgment should be reversed.

In January, 1973, appellant received a form letter from a salesman from the broker's firm inquiring whether appellant desired to sell certain property he owned in Walton County. The letter included the request: "Please add our commission of 10% To your selling price". Appellant responded by letter dated February 20, 1973, advising that he was not interested in selling the subject property "at this time", but if he became interested he would contact the salesman personally. There were no further communications between the appellant and broker until early June, 1973, when an officer of the appellee real estate firm came to appellant's office and presented to him a sales agreement for the property which had the terms of the sale already completed, and which had been signed by the prospective buyer. Appellant executed the sales agreement, but for reasons which are not material to our decision the sale was not completed. So far as the record discloses the first demand upon appellant for payment of a real estate commission was in early December, 1973, in the form of a letter from appellee's attorney.

The sales agreement, which was prepared by the broker, contains no reference to payment of a real estate commission. The broker's salesman had talked with the purchaser long before the contract was prepared and had agreed to try to arrange a purchase of appellee's one-half interest in the property, and the one-half interest owned by another party. The purchaser testified that he understood the purchase price "quoted" to him by the broker was a "net" figure, which meant he paid no commission. There is no direct evidence of any agreement between appellant and the broker-appellee, either oral or written, for the payment of a commission. When contacted by form letter in January the appellant made known his intentions that he did not desire to employ the broker to sell his property, and his rejection letter of February 20 was a rejection of the invitation by the broker to sell the property for a 10%...