Bryant Realty Atlantice v. Lawless

Bryant Realty Atlantice v. Lawless

The Adjudicator found no material or fundamental breach of the brokerage agreement by the Claimant, concluded the Claimant performed and procured the buyer, found no proven damages from any alleged negligence, and therefore held the Defendant liable to pay the claimed commission as evidenced by the exhibit ($8,715.37) plus court costs.

Citation
2009 NSSM 20
Parties
Claimant: BRYANT REALTY ATLANTICE; Defendant: MICHAEL LAWLESS
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 May 2009
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; judgment for Claimant for commission and costs.
Legal Topics
Real Estate Commission, Breach of Contract, Fundamental Breach, Negligence, Damages, Enforcement of Brokerage Agreement
Source Language
English
Contract Real Property Agency Tort Real Estate Commission Breach of Contract Fundamental Breach Negligence +2 more

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Parties

BRYANT REALTY ATLANTICE

Claimant

MICHAEL LAWLESS

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether claimant is entitled to commission under the Seller Brokerage Agreement
  2. 2 Whether the defendant validly terminated the brokerage agreement for a fundamental/material breach
  3. 3 Whether the claimant breached professional duties or was negligent

Ratio Decidendi

The Adjudicator found no material or fundamental breach of the brokerage agreement by the Claimant, concluded the Claimant performed and procured the buyer, found no proven damages from any alleged negligence, and therefore held the Defendant liable to pay the claimed commission as evidenced by the exhibit ($8,715.37) plus court costs.

Court Disposition

Claim allowed in part; judgment for Claimant for commission and costs.

Orders

  • Defendant to pay Claimant $8,715.37
  • Defendant to pay court costs $174.13