Ben Farmer Realty, Inc. appeals the trial court’s denial of its motion for summary judgment and grant of Darren Owens’s motion for summary judgment. For reasons that follow, we reverse. We review a trial court’s ruling on a motion for summary judgment de novo, construing the evidence and all inferences and conclusions drawn from it in favor of the non-moving party.1 “Summary judgment is appropriate only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.”2 Here, the material facts are not in dispute. The record demonstrates that on September 26, 2004, Owens and Farmer Realty entered into an “Exclusive Seller Listing Agreement” for Farmer Realty to market and attempt to sell Owens’s house on Tybee Island.3 The Agreement provided that Owens granted Farmer Realty “the exclusive right and privilege as the Agent of Owens to show and offer for sale” the house. It stated that “the term of this Agreement shall begin on Sept. 26, 2004 and shall continue through April 15, 2005.” Farmer Realty’s duties under the Agreement included using its “best efforts to procure a buyer ready, willing, and able to purchase the Property at a sales price of at least $479,900 including commission or any other price acceptable to Owens.” Owens agreed to “cooperate with Farmer Realty to sell the Property to prospective buyers” and to pay Farmer Realty a commission of six percent of the purchase price of the Property “in the event that during the term of this Agreement . . . Farmer Realty procures a buyer ready, willing, and able to purchase the Property at the price described above.” The Agreement further stated that “the commission obligations set forth herein shall survive the termination of this Agreement.”
Owens decided to take his house off the market because he believed it was “severely underpriced,” and so notified Farmer Realty verbally and in writing in October 2004.4 Farmer Realty removed the “for sale” sign and lockbox from the house, but informed Owens that the Agreement was still in force. By November 2004, both Owens and Farmer Realty had retained counsel to represent them. In March 2005, Farmer Realty presented Owens with an offer to purchase the house for $479,900 in cash with no contingencies or conditions, which was accompanied by a check for earnest money in the amount of $10,000. Owens did not accept the offer, and this action ensued.
