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

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

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.