Real Estate Dynamics, Inc. v. Genzler

OPINION

PARKER, Judge.

Under the terms of an exclusive listing agreement, appellant Real Estate Dynamics (Dynamics) was to receive a real estate commission if it obtained a buyer for real property owned by Larry C. Peterson and Gloria J. Peterson. Respondent Clifford Genzler agreed to purchase the property and to pay a reduced commission to Dynamics, and he also paid a $1,000 deposit. Genzler later refused to close the sale, alleging that title to the property was unmarketable.

Acting on a provision in the earnest money contract, the Petersons eventually terminated the contract and retained the…