Duncan v. Bay Realty of Englewood, Inc.

SALCINES, Judge.

Kenneth J. Duncan, Jr., appeals the partial summary judgment entered in favor of Bay Realty of Englewood, Inc., upon its claim of breach of contract. In that there are outstanding material issues of fact, we reverse and remand for further proceedings.

In the summer of 1997, Mr. Duncan was attempting to sell a group of condominiums known as Sea Oats in Englewood, Florida. He was approached by Bay Realty with a document entitled “Commission Agreement (For One Transaction Only)” which stated:

In consideration of the presentation of the Offer To Purchase and Contract for Sale…