Tristram's Landing, Inc., Et Al. v. Wai

367 Mass. 622, 327 N.E.2d 727 (1975)

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Nature of the Case

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Facts

Wait (D) was the owner of real estate on Nantucket. Tristram's Landing (P) was a real estate broker whom D had used to rent out her property in the past. D put the property up for sale. When P learned of this, they called D and asked for authority to show the property. D agreed, but she did not give P exclusive authority to show the property. The parties did not discuss a commission, although P was aware of the normal commission on the island. P found a buyer for the property: although D and the buyer entered a contract, the buyer ultimately refused to go through with it. The sale contract provided that the commission was due the broker 'on the said sale.' D retained the down payment but did not take any action against the buyer to enforce the contract. P presented D with a bill for commission representing 5% of the agreed sales price. D refused to pay, arguing that there was no sale and that the commission was therefore not earned. P sued, arguing that the commission was earned since it produced a buyer who was ready, willing and able to buy the property. The lower court found in P's favor. D appeals.