Advance Release Opinions – May 18

Review of an advance release opinion about breach of a real-estate brokerage contract.

Breach of Contract

Reyher v. Finkeldey – In this dispute over a real-estate brokerage commission,  seller had rejected buyer’s counteroffer, which included financing and inspection contingencies, and buyer testified that it was not ready, willing, or able to close unless those contingencies were fulfilled. In a rare per curiam reversal, the Appellate Court found that the trial court wrongly determined that the broker had obtained a buyer ready, willing, and able to buy seller’s property.