Drake v. Wickwire
Alaska Supreme Court
795 P.2d 195 (1990)
Drake (plaintiff) signed an exclusive listing to sell land, and buyers were found and under contract, with closing required within ten days of a clear-title report received April 3. Drake wanted to close early, on April 11, and his attorney Wickwire (defendant) pushed the buyers' broker, Hosley, for that date. When Hosley said the buyers had the money but didn't want to be rushed into an early closing, Wickwire treated that hesitancy as a repudiation of the whole deal, advised Drake he could walk away without liability, and sent a letter withdrawing the offer - which Hosley didn't even receive until a week later. Drake then sold to different buyers on April 12, the same day the original buyers' down payment arrived; Hosley successfully sued Drake for the commission, and Drake in turn sued Wickwire for malpractice, arguing the advice to walk away had been negligent. The trial court granted Wickwire summary judgment.
Whether a seller's attorney is negligent in advising the seller that the buyer's mere hesitancy to close early constitutes an anticipatory repudiation releasing the seller from the deal, when the sales contract sets a different, later closing deadline.