The Superior Court of Riverside County (California) entered a judgment

The Superior Court of Riverside County (California) entered a judgment

Jun 22, 2021, 11:34:18 AM News

Procedural Posture

The Superior Court of Riverside County (California) entered a judgment in favor of the defendant property owner in plaintiff real estate broker's action to recover a real estate broker's commission allegedly due under an exclusive listing agreement for the sale of certain properties owned by the property owner. The real estate broker appealed.


Overview

A real estate broker, who had an exclusive listing agreement with the property owner, failed to abide by all of the terms of the agreement. During the term of the agreement, the owner sold a portion of the property through another realtor and refused to pay a commission to the real estate broker. After the broker filed a lawsuit to recover the commission, the property owner formally terminated the contract. Judgment was entered for the property owner. On appeal, the property owner contended that the broker had anticipatorily breached the contract. The broker, civil litigation lawyer who had requested the trial court to make specific findings of fact, asserted that its breaches were not material, and that the contract was in force because the property owner continued to accept performance in spite of the breaches. The court held that while the trial court found that the broker failed to perform all of its promises, its failure to find that the property owner terminated the contract by reason of the partial breaches constituted reversible error. The broker's partial breaches did not as a matter of course terminate the contract, but was a ground for which the property owner could have terminated it.


Outcome

The court reversed the judgment entered in favor of the property owner.

Published by lauradern

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