Carlucci v. Duck's Real Estate, Inc.

This case involves a dispute over the manner of payment of a commission which is admittedly owed by a seller of property to a real estate agency. The amount of the commission is not in controversy. Rather, the issue is whether the entire commission is due upon the sale’s consummation, or whether the commission is to be paid as a percentage of the installments when paid to the seller.

Dr. Joseph F. Carlucci, being desirous of selling his Far East Restaurant in Virginia Beach, and his lease of the building in which the business was conducted, listed the property with Ricardo, Inc., a local real…