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Barry Norman Agency Inc. v. Elias

Decided: December 8, 1971.

BARRY NORMAN AGENCY, INC., OF MORRIS COUNTY, A NEW JERSEY CORPORATION, PLAINTIFF,
v.
ANNA ELIAS, DEFENDANT



Muir, J.c.c. (temporarily assigned).

Muir

This is an action to recover under an exclusive listing agreement a 7 1/2% commission on the sale price of defendant's home in Hackettstown, New Jersey.

Plaintiff brings this action on an agreement dated April 23, 1969, executed by defendant and which provides that six months from date plaintiff has an exclusive right to sell and is entitled to a commission in the event the property is sold or contracted to be sold by anyone during the term thereof, i.e. regardless of whether plaintiff negotiated the contract of sale, it is entitled to a real estate commission.

The uncontroverted facts indicate that in April 1969, Lawrence Epstein, a real estate salesman for plaintiff, approached defendant Mrs. Elias knowing she desired to sell

her home. As the result of two meetings between Epstein and Mrs. Elias the exclusive agreement was executed by her and accepted by plaintiff through Epstein, as reflected by his signature. Defendant is illiterate. She received no education in this country or in her native land from which she emigrated in 1929.

The agreement is a one-page document. On one side house-type conditions, taxes, proposed sale price and other information are set forth. The reverse side contains the actual agreement and it is this side that defendant signed.

The agreement provides, in part:

In consideration of your listing and endeavoring to sell our property described on the reverse side hereof, the undersigned hereby authorizes you to sell said property at the price and upon the terms set forth in this authorization, or at any other price or terms the undersigned may agree to accept therefor, and upon your procuring a purchaser, agree to pay you a commission of Seven and one half (7 1/2) percent of the purchase price thereof.

Your authority hereunder shall be sole and exclusive for a period of Six (6) months from the date hereof, up to and including October 22, 1969.

The undersigned agree to refer to you all inquiries received regarding the purchase of said property, whether from real estate brokers, prospective purchasers or others, and further agree to exhibit the premises at reasonable hours during the period of this authorization.

Your commission shall also be considered earned in the event said property is sold or contracted to be sold by anyone during the term of your exclusive authority hereunder.

Should the buyer require mortgage financing, the undersigned will agree in the Contract of Sale that you are to have ninety days in which to arrange same. The undersigned will pay to you or to anyone designated by you, the charges of the lender amounting to 5% of the amount of the aforesaid mortgage, as a commitment and discount fee, upon your procuring such commitment, and agree to cooperate with you, prospective lenders ...


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