Agent Successful in Suit for Commission

Agent Successful in Suit for Commission

Ontario Real Estate Source

By Brian Madigan LL.B.

The seller agreed to list the property for sale. But, he also wanted to buy another property. Naturally, both transactions were separate and distinct.

When he didn’t find anything he wanted he changed his mind about selling. So, he made every attempt to thwart the proposed sale.

On the final day of the listing, the agent brought in a full price Offer. The seller refused to accept it.

The agent sued for commission. The seller argued that the commission was payable only if there was a successful closing.

The trial Judge considered the circumstances and concluded that there was no such condition.

Judgment was awarded in favour of the agent for the commission.

{see: T.L. Willaert Realty Ltd. v. Fody Oct. 4, 2011, Ont. S.C.J. (Sm.Cl.Ct.)}

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through RE/MAX West Realty Inc., Brokerage 416-745-2300.
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