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Richard Bowers & Co. v. Clairmont Place LLC

The plaintiff real estate broker was entitled to summary judgment on its claim for unpaid commissions arising out of a leasing commission agreement with the defendant property owner's predecessor.

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Richard Bowers & Co. “Bowers”, a real estate broker, filed a broker’s lien against property owned by Clairmont Place, LLC “Clairmont”, an owner and lessor of office space in Atlanta, and then sued Clairmont for unpaid commissions arising out of a leasing commission agreement between Bowers and Clairmont’s predecessor. Clairmont denied Bowers’s claims and asserted a counterclaim for slander of title. Bowers moved for summary judgment on its claims for unpaid commissions and on Clairmont’s counterclaim, which the trial court denied. Bowers then filed an application for interlocutory appeal which we granted, arguing that the trial court erred in denying its motion for summary judgment. For the reasons noted infra, we agree and reverse.

Viewed in the light most favorable to Clairmont i.e., the non-movant,1 the evidence shows that Clairmont owns commercial real estate located at 1800 Century Place in Atlanta the “Property”. Clairmont is a successor-in-interest to ITT Commercial Finance Corp. “ITT”, which previously owned the Property. And while ITT owned the Property, it entered into a rental agreement on June 6, 1993 the “1993 Lease”, leasing an approximately 29,000 square foot portion of the Property to the Georgia Department of Technical & Adult Education “DTAE”.2

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