Bergey v. Hsbc Bank USA

2010 WL 2395506 (2005)

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Nature of the Case

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Facts

P submitted a proposed purchase agreement for the property owned by D. Jones, D's agent received multiple offers, and, as a result, requested that all the potential buyers submit their highest and best offer by June 24, 2008. P modified his proposed purchase price from $45,151 to $55,101. Jones submitted all the offers to D's servicer and attorney-in-fact. The highest offer was from John and Susan Randolph for $56,000, but it was contingent upon financing. P's offer was a cash offer, and D's servicer authorized Jones to accept the $55,101. Jones emailed P's real-estate agent to inform him that the offer had been accepted and that she would send addenda and instructions. The Randolphs removed their contingency. Jones relayed the modification to D's servicer, who then authorized Jones to accept the $56,000 cash offer. On July 3, 2008, Jones informed P's real-estate agent that another offer had been accepted. D completed the sale of the property to the Randolphs. Eventually, P purchased the property from the Randolphs. P filed a complaint for damages, an injunction, and specific performance against D, Tracy Jones, and Remax Realty for breach of contract and interference with a contract. D and Jones filed motions for summary judgment. It granted the motion. D did not accept P's offer, and no contract was formed. P appealed.