Ashford Developments, Inc. v. USLife Real Estate Services Corp.

The sole question is whether terms embodied in a final loan commitment are at variance with the terms of the loan application sufficient to deny the loan broker its right to a commission for procuring a loan for its principal, or the right of the prospective lender to retain an application fee paid in advance, upon the prospective borrower’s refusal to accept the terms and conditions of the loan offered. The majority conclude that the conditions imposed by the prospective lender were in accordance with the loan application and thus are permissible. I disagree, and accordingly I dissent.

Ashford…