Torts Keyed to Henderson
Baker v. Dennis Brown Realty, Inc
Plaintiff is Sharon Baker. She used Keeler Family Realty to find a house to buy in Concord. Agent Jody Keeler found a listing to show to Plaintiff. Dennis Brown Realty, Inc. (Defendant) had exclusive listing authorization from the owner (Sarah Landry) of the house in question. Keeler contacted Defendant to arrange for a house showing, and it was shown to Plaintiff by Keeler and Faye Olson, one of Defendant’s agents. These two agents would equally split the sales commission if Plaintiff purchased. Plaintiff offered full asking price $26,900 and signed an unconditional purchase and sale agreement. Douglas Bush, another of Defendant’s agents, arrived at the house and informed Plaintiff and Keeler two conditions must be added to the contract: (1) bank financing, and (2) sale of Plaintiff’s house. After some debate, Plaintiff agreed to the two new conditions. The same day, Bush showed the house to the Piars, his clients. He informed Piars of Plaintiff’s offer and Piars offered $300 more than full asking price. Bush did not include the second condition that he required Plaintiff to agree to. Plaintiff was not informed about the Piars’ offer. Landry accepted Piars’ offer and the full commission went to Defendant with Bush receiving 35% (the Piars had no other agent/firm to share commission with). At some later time, Plaintiff purchased a similar house in the same neighborhood as the original listing at $3,100 more than her original offer on the Landry house. Plaintiff sued Defendant for intentional interference with prospective contractual relationship. Concord District Court found in favor of Plaintiff in the amount of $3,525.29. Defendant appealed.
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