Defendants’ actions designed to defeat plaintiffs’ claim for commission

Ontario civil | Agency

REAL ESTATE AGENTS AND BROKERS

Defendants’ actions designed to defeat plaintiffs’ claim for commission

Plaintiffs were real estate brokerage and real estate agent. Defendants were vendors and purchasers of home. Plaintiffs alleged defendant cancelled listing agreement to defeat their claim for real estate commission. Plaintiffs had represented vendors with respect to sale of their home. Purchasers had put in offer on home for $525,000. Offer was rejected by vendors. Vendors then cancelled listing agreement and took home off market. Vendors then re-listed home with new agent and put home back on market. Purchasers then purchased home for $530,000. Plaintiffs brought motion for summary judgment. Motion granted. Defendants re-listed property with new agent five days after cancelling prior listing agreement with plaintiffs. New agent only charged them commission of $1,500 instead of 5% of sale price. Defendants’ actions were designed to defeat plaintiffs’ claim for commission. Judgment was granted in amount of $29,945.
Homelife Professional Realty Inc. v. Moondi (Nov. 19, 2013, Ont. S.C.J., H.S. Arrell J., File No. 12-37464SR) 235 A.C.W.S. (3d) 294.

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