Gilmer v. Fauteux

Defendants appeal the superior court’s decision awarding plaintiff James Gilmer a real estate commission. We reverse based on our determination that the record does not support the court’s conclusion that plaintiff procured the sale of the subject property.

Defendant Norman Fauteux was designated in a 1991 divorce decree as the agent responsible for liquidating the divorcing couple’s marital property, including properties owned by defendant Land East Construction Corporation (Land East). Fauteux sold eighteen properties without the services of a broker, but eventually hired plaintiff to help…