Collins v. Ogburn Realty Co., Inc.

ERWIN, Judge.

Plaintiffs assign as error, inter alia, the summary adjudication of their liability to defendants for a six percent realtor’s commission. They contend that there was neither evidence that the Collinses were “ready, willing and able” to purchase plaintiffs’ house at the listing price, nor evidence that defendants were the procuring cause of the eventual sale of the property. Plaintiffs further contend that defendants are precluded from recovering a realtor’s commission because of their failure to effect a sale of the property within the 120-day period prescribed in the listing…