Defendant had home for sale and had it on MLS through Property Guys. Sales representative saw home on MLS system and sent it to clients. Clients did not respond to sales representative. Clients went to open house for home on own. Sales representative drafted offer to purchase and sent it to defendant which contained 2.5 per cent commission rate. Property sold on basis of agreement drawn up using materials from Property Guys. Clients submitted offer though Property Guys website. Effective agreement of purchase and sale did not provide for commission. Plaintiff sought to recover real estate commission owing on sale of defendant’s home. Judge retired to consider decision. Judge realized she conducted judicial pre-trial of matter previously. Judge declared mistrial. Parties consented to Superior Court Judge giving judgment based on transcript evidence. Action was dismissed. There was no obligation on part of defendant to pay commission. Efforts expended to try to obtain contract for sale of property were insufficient to generate payment if no agreement for sale of property was ever reached.
Sutton Group Innovative Reality Inc. v. Turner (Dec. 6, 2012, Ont. S.C.J., C.S. Glithero J., File No. SC-11-10715-00) 224 A.C.W.S. (3d) 2.