Lynx Real Estate Inc. v. F.A.L. Investments LLC

The trial court erred in granting summary judgment to the defendant because genuine issues of material fact remained as to whether the plaintiff was entitled to a commission on the sale of commercial property by the defendant pursuant to the parties' real estate brokerage contract.

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In this action on a real estate brokerage contract, Lynx Real Estate, Inc. “Lynx” appeals from the grant of summary judgment in favor of F. A. L. Investments, Inc. “F. A. L.”, the seller of the property. Because genuine issues of material fact remain for resolution, we reverse. Lynx brought this action seeking a commission on the sale of a commercial property by F. A. L., alleging that the exclusive brokerage contract between the parties was extended by mutual agreement and that the sale was procured by Lynx during the six-month extension period provided by the terms of the contract. Lynx also alleged, in the alternative, a claim in quantum meruit for the value of its services in procuring the purchaser of the property. F. A. L. moved for summary judgment, asserting that the written contract expired by its terms and was never extended and that Lynx was not the procuring cause of the sale.

On August 6, 2010, the trial court entered a brief order denying F. A. L.’s motion for summary judgment because “material issues of fact remain on claims so alleged.” But on October 4, 2010, the trial court entered another brief order granting the motion for summary judgment, noting only: “Since there was no written agreement or actual procurement of a buyer, plaintiff’s claims fail.” And on October 27, 2010, the trial court entered a third order reading: It having come to the Court’s attention that two 2 conflicting orders have been filed into the Court’s record in error, It is hereby ordered that the order filed with the Court on August 6, 2010 is set aside and the order filed with the Court on October 4, 2010 shall remain granting the defendant’s motion for summary judgment for the reasons cited in said order. This appeal followed.

Lynx Real Estate Inc. v. F.A.L. Investments LLC

The trial court erred in granting summary judgment to the defendant because genuine issues of material fact remained as to whether the plaintiff was entitled to a commission on the sale of commercial property by the defendant pursuant to the parties' real estate brokerage contract.

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