Contracts

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WI Court of Appeals – District III

Case Name: Wisconsin Real Estate Co. LLC v. Charles W. Huelsbeck

Case No.: 2022AP000372

Officials: Stark, P.J.

Focus: Contracts

Charles Huelsbeck appeals a money judgment entered against him and in favor of Wisconsin Real Estate Co. LLC (“WREC”). Following a bench trial, the circuit court determined that WREC was entitled to collect a commission from Huelsbeck under the terms of the parties’ vacant land listing contract because a prospective buyer had accepted Huelsbeck’s counteroffer for the purchase of the listed property, which created an “enforceable contract” for the sale the property.

Huelsbeck argues that the buyer’s acceptance of the counteroffer did not create an enforceable contract because the buyer signed the counteroffer using an electronic signature, and Huelsbeck never consented to the use of electronic signatures. WREC disagrees and asserts that the buyer’s acceptance of the counteroffer created an enforceable contract, despite the buyer’s use of an electronic signature. In the alternative, WREC argues that it was entitled to collect a commission under a different provision of the listing contract because it produced a ready, willing and able buyer.

The appeals court concludes that because Huelsbeck never consented to the use of electronic signatures, the buyer’s acceptance of Huelsbeck’s counteroffer did not create an enforceable contract for the sale of the listed property. Furthermore, the evidence introduced at trial shows that WREC was not entitled to a commission under the “ready, willing and able buyer” provision of the listing contract.

Reversed.

Decided 12/28/23

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