Re/Max Specialists, Inc. v. Kosakai

Sognier, Chief Judge.

Michio Kosakai filed suit against Craftmaster Home Corporation and Re/Max Specialists, Inc. to recover an earnest money deposit paid under a contract to purchase a home. Craftmaster voluntarily returned the deposit and was dismissed from the suit. Re/Max filed an answer and counterclaim, claiming entitlement to 52 percent of the real estate commission due under the contract. The trial court granted Kosakai’s motion for summary judgment, and Re/Max appeals.

The trial court granted summary judgment to appellee on the ground that no valid contract for the sale of real estate…