Legal Update 2020
Instructor: John Henderson
Whether a Buyer was Excluded from a Listing
Green Meadow Realty vs. Gillock, 2018 OK 42 419P.3d245 #115159 (2018)
Oklahoma Supreme Court
Facts: RE company listed seller’s property. Sellers asked for an exclusion of paying commission if a certain buyer purchased the property. RE agent wrote addendum BUT made the exclusion for a limited time frame. That certain buyer did purchase after the timeframe expired. RE company demanded commission. Lower court and appeal court agreed with RE company.
Issue: Should the seller have read the addendum before signing? Did the RE licensee follow the instructions of the seller? Was the RE company due a commission?
Held: Court ruled that in a dispute such as this that the most weight is given to the opposing party if reasonable minds could reach different conclusions. Court reversed lower courts "in toto".