William and Ella Snipes signed an exclusive seller listing agreement with real estate brokerage firm Marcene P. Powell & Associates, Inc. “Powell & Associates”. The listing agreement was for the period of February 18, 2002 through August 18, 2002. It provided that Powell & Associates would have the exclusive right to show the Snipeses’ property and offer it for sale, would use its best efforts to procure a buyer, and would assist the Snipeses as requested with a sales contract. The Snipeses agreed, among other things, to pay Powell & Associates a real estate commission if, during the term of the agreement, Powell & Associates procured a buyer for the property or if the Snipeses entered into an enforceable sales contract with any buyer, whether through the efforts of Powell & Associates or any other person. The agreement further provided that In the event that Seller sells or contracts to sell the Property to any buyer introduced to the Property by Broker within 90 days after the expiration of the Listing Period, then Seller shall pay the commission referenced above to Broker at the closing of the sale or exchange of the Property. During the six-month listing period, Charles Folger telephoned Powell & Associates about two properties the firm had listed for sale, including the Snipeses’ property on which he had seen Powell & Associates’ “For Sale” sign. In her conversation with Folger, Marcene Powell discussed the price of the Snipeses’ property and whether the property could be divided. According to the Snipeses, Folger had no further contact with Powell & Associates regarding the property. However, Marcene Powell stated that she and Folger scheduled three appointments to visit the property, but that Folger either cancelled the appointments or failed to appear as scheduled. On October 8, 2002, after the listing period expired but within 90 days after August 18, Folger purchased the property from the Snipeses. Powell & Associates did not receive a commission on the sale.
Claiming it was entitled to receive a commission for the sale, Powell & Associates sued the Snipeses. The Snipeses appeal from the grant of summary judgment to Powell & Associates and the denial of their motion for summary judgment. We affirm the judgment of the trial court.
