By: WISCONSIN LAW JOURNAL STAFF//May 26, 2011//
By: WISCONSIN LAW JOURNAL STAFF//May 26, 2011//
Contracts
Real estate commissions
Where a home seller had contact with the buyer before the broker’s contract expired, the broker is entitled to a commission although the sale occurred after expiration.
“[W]e conclude that Bushman did discuss with the Guyants ‘potential terms upon which [she] might acquire an interest in [their] Property’ when they discussed Bushman’s desire not to have a broker involved on behalf of the Guyants and ended the discussion with Lisa’s agreement that she would call Bushman after the expiration of the listing contract. Therefore, Bushman meets the definition of ‘Protected Buyer’ and the listing contract was extended one year as to her. Because Bushman purchased the Guyants’ home within that one-year period, First Weber is entitled to a commission of 6.5% of the $68,000 Bushman paid for their home.”
Reversed and Remanded.
Recommended for publication in the official reports.
2010AP1140 First Weber Group Northern Wisconsin, LLC, v Guyant
Dist. IV, Wood County, Wolf, J., Vergeront, J.
Attorneys: For Appellant: Moermond, Kim, Madison; For Respondent: La Chapelle, J. P., Wisconsin Rapids