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Cartel Realty Inc. v. Southern Bearings & Parts Co. Inc.

Real estate agent who negotiated briefly with seller before buyer negotiated the sale through seller's exclusive listing agency was not entitled to a commission.

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Cartel Realty, Inc. and Thomas Bond, Jr., an employee of Cartel Realty and a licensed real estate broker, sued Southern Bearings & Parts Co., Inc. and Jerry and John Doyle, owners of Southern Bearings & Parts hereinafter referred to jointly as “owners”, for real estate commission allegedly earned on the sale of property to a company owned and operated by Douglas Vachon hereinafter referred to as “buyer”. Cartel Realty and Bond contend the trial court erred in granting summary judgment to the owners because questions of material fact exist regarding whether Cartel Realty and Bond procured the buyer.

The record shows that in early 1997 the buyer contacted the owners on his own to determine whether their property was for sale. He was told the property was not for sale. In November 1997, the buyer discussed his interest in the property with Peter Glover, his longtime real estate broker. Glover was told by another broker that Thomas Bond of Cartel Realty represented the owners. Glover then contacted Bond, who told Glover he had a listing on the property. Glover understood this to mean that Bond had an exclusive listing on the property.

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