FRANK MOORE AND GERTRUDE R. MOORE, HIS WIFE, APPELLANTS,
v.
SKY REALTY, INC., A FLORIDA CORPORATION, APPELLEE
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Court affirmed judgment for real estate broker's commission where broker procured a ready, willing, and able buyer at the listing price despite seller's subsequent rejection and withdrawal from the market.
A real estate broker is entitled to commission when it procures a buyer ready, willing, and able to purchase at the listed price, even if the seller refuses to accept the offer.
[1] A real estate broker earns commission by procuring a buyer ready, willing, and able to purchase at the listed price, regardless of whether the seller subsequently rejects…
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Join FLexlaw to unlock all legal intelligenceMoores listed their home with Sky Realty for $55,000 at 7.5% commission. Sky Realty procured the Spitalnicks, who initially offered $53,000 (rejected)…
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PER CURIAM.
This is an appeal from a final judgment awarding a real estate brokerage commission. On March 4, 1974 appellant Gertrude Moore and her husband executed a multiple listing agreement whereby they agreed to pay Sky Realty, Inc. a 7V2% real estate commission if it could procure a purchaser to buy their home for $55,000. On May 9 Sky Realty procured Mr. and Mrs. Spital-nick who made an offer of $53,000. The Moores turned it down. On the next morning (May 10) the Spitalnicks went to the office of Sky Realty and made an offer of $55,000 cash. This offer was immediately communicated to the Moores. They refused to accept and sent a telegram dated May 11 instructing Sky Realty to take their house off the market. Sky Realty then sued for the 7V2% commission and the cause proceeded to a non-jury trial. The judge found for Sky Realty and entered a final judgment in its favor for $4,125 plus interest.
Although appellant raises nine points on appeal, she has failed to present to this court a transcript of testimony. This court is required to affirm where an appellant fails to bring up the transcript of testimony given at a final hearing and that testimony forms the major evidentiary support for the trial court’s findings and ruling. Veterans Loan Authority v. Danzo, 210 So. 2d 461 (Fla.3d DCA 1968).
Affirmed.
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Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)…t of appeal in Barnett Bank of Tallahassee v. Applegate, Case No. HH-210 (Fla. 1st DCA October 17, 1978), which directly conflicts with Okun v. Stuart House Condominium Association, Inc., 362 So. 2d 713 (Fla. 3d DCA 1978); Moore v. Sky Realty, Inc., 339 So. 2d 299 (Fla. 3d DCA 1976); Steinhauer v. Steinhauer, 336 So. 2d 665 (Fla. 4th DCA 1976); Buckalew v. Buckalew, 115 So. 2d 564 (Fla. 2d DCA 1959); and Bolick v. Sperry, 88 So. 2d 495 (Fla.1956). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. On Januar…
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Fla. Farm Bureau Cas. Ins. Co. v. Calvert, 381 So. 2d 1160 (Fla. 3d DCA 1980)…. Sections 627.428 and 627.727, Fla.Stat. (1975); State Farm Mutual Automobile Ins. Co. v. Jenkins, 370 So. 2d 1201 (Fla. 1st DCA 1979); State Farm Mutual Automobile Ins. Co. v. Anderson, 332 So. 2d 623 (Fla. 4th DCA 1976); Moore v. Sky Realty Inc., 339 So. 2d 299 (Fla. 3d DCA 1976); Commercial Union Ins. Co. v. Estate of Plute, 356 So. 2d 54 (Fla. 4th DCA 1978); and All-Star Ins. Corp. v. Scandia, Inc., 353 So. 2d 171 (Fla. 3d DCA 1977).…
Authorities Cited
- Veterans Loan Auth. v. Danzo, 210 So. 2d 461 (Fla. 3d DCA 1968)
- Butler v. Alessi, 210 So. 2d 461 (Fla. 2d DCA 1968)