Claire-Ann Co. v. Christenson & Christenson, Inc.

Plaintiff, a partnership, owned property located in the City of Troy that it marketed through defendant, a licensed real estate brokerage company. On October 14, 1994, Joseph Micalles, Tarik Toma, and Maurice Germani (the buyers) tendered a written offer to purchase the property on land contract for $430,000. The offer was delivered to defendant with a $25,000 earnest money check that, by the terms of the offer, if accepted, would represent liquidated damages if the buyers later withdrew from the transaction.

The offer was made on a preprinted form, which we note does not meet the plain…