Steve Schmidt & Co. v. Berry
California Court of Appeal, 5th District
183 Cal. App. 3d 1299 (1986)
David Berry (defendant) hired broker Charles Tingey (defendant) to find a buyer under a listing agreement authorizing cooperating subagents and providing commission would be paid at close of escrow; Tingey brought in Steve Schmidt & Co. (plaintiff) to share the commission. Schmidt personally offered to buy the property and demonstrated his experience and financial ability, but Berry rejected the offer, countered with new terms outside the listing agreement, and ultimately refused to sell unless those terms were met. Schmidt & Co. sued for its share of the commission and won summary judgment; Berry appealed.
Whether a broker ordinarily becomes entitled to commission once he produces a ready, willing, and able buyer, regardless of whether the sale is later consummated.