Legal Opinion

Broadway Realty & Trust, Inc. v. Gould

Court of Appeals of Arizona

Decided March 15, 1983No. 2 CA-CIV 4500PublishedCited by 3 opinions

1Opinion of the Court

OPINION

HOWARD, Chief Judge.

A real estate broker and the owner of a commercial building entered into a written contract which stated, inter alia:

“In the event the property is sold by owner, owner agrees to pay commissions to manager pursuant to and in accordance with the local Real Estate Board Commission Schedule (or, if none, the going rate in the area of the property for commissions for comparable transactions).” (Emphasis added.)

Does the agreement satisfy the Statute of Frauds, A.R.S. § 44-101(7)? We hold that it does not.

On or about November 17, 1976, Broadway Realty & Trust, Inc. (BRAT),…

2Cases cited8 opinions

  1. Buratti & Montandon v. TennantTexas Supreme Court · 1949
  2. Gray v. KohlhaseCourt of Appeals of Arizona · 1972
  3. Oregon Home Builders v. CrowleyOregon Supreme Court · 1918
  4. Nelson v. CailCourt of Appeals of Arizona · 1978
  5. Lawson v. HollomanCourt of Appeals of Texas · 1951

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lewis v. N.J. Riebe Enterprises, Inc.Arizona Supreme Court · 1992
  2. Four Seas v. BrownCourt of Appeals of Arizona · 2015
  3. Rivera v. Forsythe Family Farms IncorporatedDistrict Court, D. Arizona · 2023

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