Logan v. D. W. Sivers Co.

This case involves the enforceability of a “nonshop” provision contained in a letter of intent to enter into a final purchase and sale agreement for real property. In the “non-shop” provision, defendant, the seller, promised not to solicit other offers or contract to sell the property to a third party for a period of 60 days. The property at issue was a shopping mall that plaintiff intended to buy as part of a section 1031 exchange 1 to avoid tax liability from her previous sale of a different property. Twenty-one days after the parties executed the letter of intent, defendant entered into a…