Ontario Civil


Listing agreement contemplated payment of commission upon presentation of offer

Vendor executed listing agreement with realtor to list his property for sale. Realtor received full price offer from purchaser and took various steps to present offer to vendor but vendor was unresponsive. Vendor did not accept offer. Realtor brought action for commission. Deputy judge found that listing agreement was sufficient to hold vendor liable to pay commission to realtor on basis of qualifying offer to purchase that was presented. Deputy judge awarded realtor damages of $8,995.50 plus GST. Vendor appealed. Appeal dismissed. Offer was presented to vendor within prescribed timelines required by listing agreement. Vendor acted in bad faith and attempted to frustrate efforts of realtor in presenting final order. Realtor did not breach fiduciary duty to vendor in bringing offer for full asking price. There was no evidence that best possible price might have been greater than asking price. Listing agreement was binding contract. Acceptance of offer was not required, as listing agreement clearly contemplated payment of commission upon presentation of offer at full listing price. Terms of listing agreement were clear and unambiguous. Trial judge made no error in findings of fact.

T.L. Willaert Realty Ltd. v. Fody (Dec. 12, 2013, Ont. S.C.J., M.A. Garson J., File No. CV-11-178) Decision at 207 A.C.W.S. (3d) 615 was affirmed.  234 A.C.W.S. (3d) 249.

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