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Lifestyle Family LP v. Lawyers Title Ins. Co.

Plaintiff's alleged brokerage agreement with defendant was unenforceable because the parties did not reach a meeting of the minds on an essential term—plaintiff's commission.

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In this dispute over real estate brokerage commissions, Lifestyle Family, L. P. and Mansour Properties, L.L.C. “Lifestyle Mansour” appeal a judgment entered on a jury verdict in favor of Ben Carter Holdings, Inc. “Carter” and a directed verdict entered in favor of Southeastern Partners, Inc. “Southeastern”. For the reasons that follow, we reverse the judgment for Carter and affirm the directed verdict for Southeastern.

Evidence adduced at trial shows that the underlying transaction began in 1996, when the Eastern Airline Pension Fund retained Carter, a brokerage firm, to procure a buyer for a 130-acre parcel of land in Gwinnett County. Stanley B. Ashley Jr., CCIM1 , a broker associated with Carter, testified that he represented Eastern. Lifestyle Mansour began negotiating with Ashley to purchase the parcel. Meanwhile, Ashley received an inquiry from David Thomas, CCIM, a broker associated with Southeastern, acting on behalf of a prospective buyer, Unisource Worldwide Inc. Unisource was interested in acquiring a 30-acre portion of the property known as the Governor’s Lake Tract “the Tract”. However, Eastern wished to sell the 130-acre parcel as a whole.

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