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ARTICLE ID 195952

$________ JUDGMENT FOR PLAINTIFF – Breach of Contract – Fraud and Misrepresentation – plaintiff alleged that defendants breached parties' exclusive broker contract – Commission monies due and owing.

Fairfield County, CT

In this contract matter, the plaintiff real estate firm alleged that the defendants breached the parties’ exclusive brokerage agreement when it purchased property within the contract period and refused to pay the plaintiff’s commission. The defendants disputed the plaintiff’s claims and alleged that the contract was not valid and had been rescinded by the plaintiff.

The defendants – a married couple – initiated contact with the plaintiff’s real estate agent in order to find a home in a specific geographic area. The plaintiff undertook the search to find the defendants a new home. The parties entered into a written exclusive broker agreement, whereby the defendants agreed that if the defendants purchased a home during the term of the agreement, the plaintiff would receive a commission of 3% of the sales or exchange price of the property. The plaintiff contended that the defendants did not request any changes be made to the agreement presented by the plaintiff. Following one of the offers on a piece of property which fell through, the defendants advised the plaintiff that they wished to terminate the agreement. The plaintiff’s agent did not terminate or rescind the agreement, since the agent had no legal authority to do so. The defendants continued to search for a property using a listing book that the plaintiff’s agent had provided to them, although they no longer had any contact with the agent. The defendants submitted an offer to purchase property, which was accepted. The closing took place on April 12, ________, and no commission was paid to the plaintiff. The plaintiff brought suit alleging breach of contract. The plaintiff learned that the defendants entered into another brokerage agreement with another broker not affiliated with the plaintiff. The plaintiff also alleged breach of the implied covenant of good faith and fair dealing and opined fraud and misrepresentation.

The defendants denied the allegations and contended that the contract submitted for their signature was not open to negotiation and had fixed terms which were not negotiable. Further, the defendants contended that the plaintiff anticipatorily breached the contract when the relationship between the individual broker and the defendants failed. The defendants also maintained that there was a mutual rescission of the contract.

The matter proceeded to a bench trial. The court did not find any credible facts to support the defendants’ arguments. It rendered judgment in favor of the plaintiff for the commission due in the amount of $________.The plaintiff filed a motion for attorney fees and costs in accordance with the terms of the contract between the parties. The court awarded attorney fees and costs to the plaintiff in the amount of $________ in addition to the plaintiff’s judgment.

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