Duncan v. Baskin

Plaintiffs Duncan executed a listing agreement authorizing plaintiff Frank & Grossman, a licensed real estate broker, to arrange a sale of their home, in which case a 6% commission would be paid the broker. Thereafter the broker procured from defendants a signed offer to purchase under the terms of which defendants were to make a deposit of $5,000 — $1,000 to be paid immediately and the balance upon acceptance of the offer by the seller. The Duncans signed their acceptance on the offer to purchase and on the same day defendants delivered to the broker 2 checks in the amounts of $1,000 and…