Coldwell Banker Phyllis Rubin Real Estate v. Romano

BECK, Judge.

The issue is whether a real estate broker is entitled to a commission when it produces a buyer for seller’s property, but the property actually is sold to a third party which held a right of first refusal. We hold that the trial court properly found that the broker was not entitled to a commission on the sale.

On May 30, 1986, appellant Coldwell Banker Phyllis Rubin Real Estate (“Coldwell Banker”) entered into an “Exclusive Right to Sell Agreement” with appellees Frank D. Romano and Helen Romano (“Romanos”) for the sale of a commercial property (“the property”) owned by the…