(Download) "Cosman v. Bea Morley Real Estate Group" by Florida Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Cosman v. Bea Morley Real Estate Group
- Author : Florida Court of Appeals
- Release Date : January 10, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is an appeal from a final judgment awarding the appellee, Bea Morley Real Estate Group, Inc. (hereinafter Morley), $22,500 as a ten percent commission for the sale of real property. Appellant/seller, E. Edgar Cosman, argues that an issue of fact existed as to whether Morley orally agreed to accept payment from post-closing proceeds only, which ultimately amounted to about $3,900. We agree and reverse the final summary judgment. In September of 1998, Cosman entered into a written agreement with Morley whereby Morley agreed to use its best efforts to secure a purchaser for the Omni Nightclub. Cosman was the principal owner of Brown Brothers Equities Corp., the business which operated the Omni. The agreement provided that Cosman would pay Morley ten percent of the gross sale price of the business at the closing. The agreement expired on December 1, 1998. Nonetheless, in March of 1999, Morley provided Cosman with a buyer, Victor Lewandowski. Cosman and Lewandowski reached an agreement for the sale of the Omni for the price of $225,000, with Cosman agreeing to pay Morley a ten percent commission. Cosman's attorney, John Hurley, subsequently inserted a provision in the contract providing that Morley was to get a ten percent commission.