Summary
awarding full commission to broker under parties' exclusive listing agreement where owners agreed to sell property to a third party during term of agreement after failing to refer purchaser to broker as required by terms of agreement
Summary of this case from First Fl. Realty Auc. v. PeacockOpinion
No. 87-1527.
April 27, 1988. Rehearing Denied May 20, 1988.
Appeal from the Circuit Court, Palm Beach County, Daniel T.K. Hurley, J.
John L. Bryan, Jr., of Scott, Royce, Harris, Bryan Hyland, P.A., Palm Beach, for appellants.
Peter S. Broberg of Coe and Broberg, Palm Beach, for appellee.
We affirm, and find no error by the trial court in concluding, based upon the evidence presented at trial, that the appellee real estate broker was entitled to the amount of the commission provided for in the exclusive listing agreement as damages, when the appellants, owners of the property, agreed to sell the property to a third party during the term of the listing agreement. Cf. Whitehurst v. Erstling, 184 So.2d 233 (Fla. 3d DCA 1966). The trial court found that the appellants intentionally failed to refer the ultimate purchasers to the appellee broker as required by the terms of the listing agreement hence depriving the appellee of the commission provided in the agreement.
ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.