Burge v. First Southern Savings Bank

ARNOLD, Chief Judge.

Plaintiffs argue that they are entitled to a commission on the sale of defendant’s property because their prospect ultimately purchased the property. A real estate broker is entitled to a commission if the broker proves (1) the existence of a binding contract between the broker and seller and (2) the broker’s performance *650of that contract. Thompson-McLean, Inc. v. Campbell, 261 N.C. 310, 313, 134 S.E.2d 671, 674 (1964). The performance generally required of the broker is to find a purchaser ready, willing, and able to purchase the seller’s property on the terms provided in…