Ash Park, LLC v. Alexander & Bishop, Ltd.

¶ 96. (concurring). The majority opinion sets the question upon which Re/Max Select, LLC's entitlement to a broker's commission turns as: "whether the purchase contract between Ash Park and Alexander & Bishop constitutes an 'enforceable contract' within the meaning of the listing contract."1 I would phrase the question to be decided as follows: whether the listing contract between Re/Max and Ash Park, LLC, two sophisticated business entities, demonstrates that they agreed that closing on a sale of the listed property was not required before the right to a realtor's commission arose. I answer…