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Dworak v. Michals

Supreme Court of Nebraska

320 N.W.2d 485 (1982)

Relevant factsFree

F.R. Michals and Nebraska Real Estate Corporation (defendants) listed an apartment complex for sale, agreeing to pay a commission to any broker who produced a ready, willing, and able buyer. Douglas Dworak (plaintiff), a real estate broker, brought forward buyers who signed a purchase contract and paid a $500 deposit; before closing, the buyers learned the complex's rent was scheduled to rise sharply, threatening to drive out many tenants and leave the buyers with unexpected vacancies. Michals let the buyers rescind once they raised these concerns. Dworak demanded his commission anyway; when Michals refused, Dworak sued, and the district court found he was entitled to half the deposit but not the commission.

IssueFree

Whether a real estate broker may collect a commission when a sale fails to complete due to the fault of the seller.

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