A. W. SHARP, APPELLANT,
v.
DONALD M. LONG, D/B/A DON LONG REALTY, APPELLEE

Fla. 4th DCA | 1973-10-12
No. 72-953
OWEN, C. J., and WALDEN, J., concur.
283 So. 2d 567 Florida District Court of Appeal, Fourth District (1973) Positive Treatment
Cited by 19 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A real estate broker sued for commission claiming he procured a ready, willing, and able buyer for the defendant's property. The Florida District Court of Appeal reversed the trial court's judgment and remanded for a new trial, holding that the broker failed to prove the buyer's financial ability to complete the purchase—a necessary element of his cause of action.


Holding

The broker failed to satisfy his burden of proving that Mrs. Rowland was a ready, willing, and able purchaser because he presented no evidence of her financial capacity to make the purchase. The trial court's judgment awarding the $6,500 commission was therefore reversed.


Headnotes

[1] A plaintiff suing for a brokerage commission must prove that the procured purchaser was ready, willing, and able to purchase the property on the specified terms.

[2] Proof of a purchaser's financial ability to buy real estate may be established by demonstrating the purchaser's capacity to command the necessary funds within a reasonabl…

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Key Quotes

“in an action for a brokerage commission on a contract to procure a purchaser of real estate, the plaintiff-broker must prove that he procured a purchaser ready, willing and able to purchase the property upon the terms and conditions specified in the contract of employment”

Establishes the three essential elements a broker must prove to recover commission

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Facts & Procedural History

Sharp listed his Brevard County property with several realtors, including Long, and conducted correspondence in early 1971 regarding the sale price an…

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Opinion of the Court
CROSS, Judge.

CROSS, Judge.

Appellant-defendant, A. W. Sharp, appeals a final judgment entered by the trial court granting the plaintiff, Donald M. Long, d/b/a Don Long Realty, $6,500 compensation for brokerage services in a real estate transaction. We reverse.

The defendant, A.

W. Sharp, sought to sell an improved plot of land which he owned in Brevard County. The defendant had listed the property with several realtors including the plaintiff, Donald Long, sometime before 1971. In early 1971 much correspondence was conducted between the plaintiff and the defendant. Essentially, Sharp indicated that he was still interested in selling the property and reiterated the price and terms he demanded on the property.

On August 7, 1971, Long showed the defendant’s property to a Mrs. Rowland. She agreed to the price and conditions set forth by the defendant-owner. Mrs. Rowland made a deposit on the property and agreed to return later in the day to execute the contract for sale. Long called Sharp and told him that a purchaser had been procured for the land at the requested price and terms. Sharp, acquiesced to the sale.

Shortly thereafter, Jack Cannon, the managing agent of the property, called Long and informed him that the lessees of the property owned an option to purchase the property. Upon return, the buyer, Mrs. Rowland, refused to sign a contract subject to an option clause. Mrs. Rowland did agree to purchase the property if the lessees released their option to buy. This release was never acquired and the transaction was never closed.

The plaintiff brought this suit to procure his commission on an agreement to find a purchaser for the defendant’s land. The case was tried before the trial judge without a jury. The trial judge found for the plaintiff Long and determined that $6,500 was proper compensation. Final judgment was then entered for said amount, and this appeal followed.

The defendant’s primary contention is that the plaintiff did not prove every element of his cause of action in that the plaintiff did not show that the purchaser, Mrs. Rowland, was financially able to consummate the purchase contract. No recitation of authority is necessary for the proposition that the burden of proof is on the plaintiff to establish by a preponderance of the evidence each element of his cause of action. In an action for a brokerage commission on a contract to procure a purchaser of real estate, the plaintiff-broker must prove that he procured a purchaser ready, willing and able to purchase the property uopn the terms and conditions specified in the contract of employment. MacGregor v. Hosack, 58 So. 2d 513 (Fla.1952).

Therefore, it was incumbent upon the plaintiff to prove at trial that the purchaser produced by him was in fact financially'able to make the purchase. To show purchasing ability it need not be shown that the purchaser is ready with cash in hand, but only that the purchaser is able to command the necessary money to close the transaction on reasonable notice or within the time stipulated by the parties. Perper v. Edell, 160 Fla. 477, 35 So. 2d 387 (1948). Also, purchasing ability may be demonstrated by showing that the purchaser is a person of substance. Clark v. Keyes Co., 172 So. 2d 847 (Fla.App.1965).

In the case at bar, the plaintiff Long never offered any evidence that the purchaser, Mrs. Rowland, was financially capable of purchasing the land in question. She was never called to testify. No evidence was entered to show that Mrs. Rowland was a person of substance or was able to command the necessary money to buy the property. The only evidence even referring to Mrs. Rowland’s financial position was the testimony by Long stating that Mrs. Rowland left a deposit on the property, and that she intended to pay cash for land. This is not sufficient evidence to prove that the plaintiff was financially able to make the purchase of the property.

We have considered the remaining points raised on appeal, and have determined them to be without merit. Accordingly, the final judgment in favor of the plaintiff is vacated and set aside, and the cause is remanded for a new trial.

Reversed and remanded.

OWEN, C. J., and WALDEN, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Taylor v. Richards, 971 So. 2d 127 (Fla. 4th DCA 2007)
    …posed purchaser is also admissible to prove financial ability, Perper, 160 Fla. at 485, 35 So. 2d 387, as is a showing that the purchaser is “a person of substance.” Mogul v. McClaskey, 309 So. 2d 254, 256 (Fla. 4th DCA 1975) (quoting Sharp v. Long, 283 So. 2d 567 (Fla. 4th DCA 1973)). In the instant case, there is no evidence in the record, such as proof of ownership of the other property, which would support Donna Richards’ claim, nor is there evidence of the Richards’ credit rating, financial responsibilit…
  • Rauch v. AJP Pine Island Warehouses, Inc., 313 So. 3d 625 (Fla. 4th DCA 2021)
    …nst the Seller. 8098 Ltd. P’ship v. Equity Contracting Co., 695 So. 2d 383, 390 (Fla. 4th DCA 1997). “[T]he burden of proof is on the plaintiff to establish by a preponderance of the evidence each element of his cause of action.” Sharp v. Long, 283 So. 2d 567, 568 (Fla. 4th DCA 1973). The three elements of a breach-of-contract action are: (1) a valid contract; (2) a material breach; and (3) damages. Friedman v. New York Life Ins. Co., 985 So. 2d 56, 58 (Fla. 4th DCA 2008). A valid contract, in turn, i…
  • Mogul v. McCLASKEY Realty, Inc., 309 So. 2d 254 (Fla. 4th DCA 1975)
    …chaser, in this case the lender, is financially able to command the necessary money to close the deal on reasonable notice at the time stipulated.” (Emphasis added.) No inability to close is suggested or reflected in this record. In Sharp v. Long, 283 So. 2d 567 (4th D.C.A.Fla.1973), a prospective purchaser refused to sign a contract, claiming she would do so only if certain lessees of the subject property would release their option to buy. The Fourth District held it was incumbent upon the plaintiff broker…

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