Brafa v. Christ

915 So. 2d 957, 2005 WL 2864259
CourtLouisiana Court of Appeal
DecidedNovember 2, 2005
Docket05-0270
StatusPublished
Cited by4 cases

This text of 915 So. 2d 957 (Brafa v. Christ) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brafa v. Christ, 915 So. 2d 957, 2005 WL 2864259 (La. Ct. App. 2005).

Opinion

915 So.2d 957 (2005)

Tammy BRAFA d/b/a Magnolia Realty Group
v.
Charles J. CHRIST, et ux.

No. 05-0270.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2005.

*958 Tony C. Tillman, Attorney at Law, Leesville, LA, for Plaintiff/Appellant, Tammy Brafa d/b/a Magnolia Realty Group.

James R. Mitchell, Attorney at Law, Leesville, LA, for Defendants/Appellees, Charles J. Christ, et ux.

Court composed of JOHN D. SAUNDERS, JIMMIE C. PETERS, and BILLY H. EZELL, Judges.

PETERS, J.

This litigation arises from a written real estate listing agreement (Listing Agreement) between the plaintiff, Tammy Brafa (Ms. Brafa), a Vernon Parish realtor doing business as Magnolia Realty Group, and the defendants, Charles J. Christ and Donna Christ (the Christs), who own the immovable property which is the subject of the Listing Agreement. Ms. Brafa filed suit to enforce the Listing Agreement and collect her commission, attorney fees, and costs of the litigation. After trial, the trial court rejected Ms. Brafa's demands, and she has perfected this appeal. For the following reasons, we affirm the trial court judgment in all respects.

DISCUSSION OF THE RECORD

There is little factual dispute in this litigation. Sometime prior to February 20, 2003,[1] the Christs decided to sell their residence on 117 Prairie View Lane in Anacoco, Louisiana, and entered into the *959 Listing Agreement at issue in this litigation. The Listing Agreement gave Ms. Brafa the exclusive listing for the property for the period from February 20, 2003, to 12:00 p.m. on August 20, 2003, and set the asking price at $118,000.00. It further provided that the Christs would pay Ms. Brafa a five percent commission "on the gross amount of any transaction (agreement to sell or exchange) that may be negotiated during the existence of this contract by [Ms. Brafa], by [the Christs], or by any other person" and that Ms. Brafa would be entitled to the five percent commission even if the property was "withdrawn from sale during the term of this listing."

Ms. Brafa negotiated an offer of purchase of the property for $118,000.00 from Timothy P. Murphy and Kate H. Murphy (the Murphys), and, on April 22, 2003, the Murphys and the Christs executed a purchase-sell agreement (Purchase Agreement) which provided among other things that the act of sale between the Christs and Murphys would take place on June 2, 2003, and that occupancy would be granted to the Murphys at that time. It further provided that "[t]ime is of the essence and all deadlines are final except where modifications, changes or extensions are made in writing and signed by all parties to this agreement." However, it also provided that the sale was conditioned upon the Murphys being able to borrow $120,300.00 to complete the transaction. On April 22, and pursuant to the terms of the Listing Agreement, the Murphys tendered a $500.00 deposit, refundable at the time of closing of the transaction.

After signing the Purchase Agreement, the Christs stored their household goods, vacated the residence, and moved into a travel trailer. Additionally, they began making arrangements to start construction on a new home after the June 2 sale.

The closing anticipated by the Purchase Agreement did not take place on June 2, as the mortgage company with whom the Murphys were negotiating for long-term financing, in the words of Ms. Brafa, "dropped the ball," and the closing funds were not available. Ms. Brafa canceled the closing and informed the Christs that it would occur the next day. However, on that day, Ms. Brafa informed the Christs that the closing was again delayed and that she could not give them a specific date when the loan funds would be available. By this time, the Christs' mortgage payment was coming due, their homeowners' insurance was about to be cancelled and needed reinstating, and they were still trying to get their new home construction started. In short, everything with which they were then involved depended on closing the sale as quickly as possible.

In the same conversation in which she advised the Christs of the open-ended delay, Ms. Brafa attempted to convince them to rent the property to the Murphys on a day-to-day basis, a suggestion which the Christs rejected. Ms. Brafa then tried to convince the Christs to enter into a new purchase agreement with the Murphys. The Christs informed her that they had changed their minds about selling the house and were going to begin moving back in.

Two days later, on June 5, Ms. Brafa and the Murphys signed a document prepared by Ms. Brafa (hereinafter referred to as the "Release")[2] which provided in pertinent part:

5 June 2003 *960 Re: Contract to Purchase and Sell dated 4-22-03 117 Prairie View Lane, Anacoco Charles & Donna Christ Timothy & Kate Murphy
To Whom It May Concern:
I do not intend to accept the new offer to purchase, for our home at 117 Prairie View Lane, Anacoco with the new closing date and will not grant any extension to the closing date. I do not intend to sell our home and would like to remove it from the market. I do hereby release all parties to the contract dated April 22, 2003. We agree to release the $500.[00] good faith deposit to the buyers Tim & Kate Murphy, to purchase another property.

This language was followed by the typed names of Charles Christ, Donna Christ, Timothy Murphy, Kate Murphy, and Tammy Brafa, with space between each typed name for a signature. The Christs signed the release on June 16 or 17.[3]

The Murphys finally received complete loan approval on June 6. On that day, Ms. Brafa prepared another purchase-sell agreement (second Purchase Agreement), which the Murphys signed. She then telephoned the Christs in an effort to convince them to sign the new agreement, but they refused. The Christs completed their move back into the house on June 7 or 8.

On June 9, Ms. Brafa's attorney mailed a formal demand letter to the Christs. The letter's singular purpose was to urge the Christs to go forward with the transaction contemplated in the April 22 Purchase Agreement. It urged the Christs to promptly agree to conclude the sale, but did not mention the second Purchase Agreement. Rather, the letter informed the Christs that the delay in the closing scheduled for June 2 did not relieve them of their obligation in the Purchase Agreement or the Listing Agreement and that the latter agreement did not expire until August 20, 2003. Specifically, it informed the Christs that if they did not go forward with the sale, their failure to do so would subject them to "paying damages to several individuals." The Christs received the letter on June 13.

The Christs went to Ms. Brafa's office on June 16 or 17 to sign the Release, but Ms. Brafa was not present. Instead, they were presented with the Release by Ms. Brafa's employee, who is identified in the record only as "Wilma." The Christs assumed this ended the entire relationship. However, this suit followed.

OPINION

Nothing in the Listing Agreement suggests that the failure to sell the Christs' property to the first prospect would result in its termination. Thus, considering only the Listing Agreement, Ms. Brafa still had an exclusive listing of the property through noon on August 20, 2003, even after the failed June 2 sale. Ms. Brafa argues on appeal that, under the Listing Agreement, once the agent finds a buyer who makes an offer that is accepted by the seller, the seller owes the commission whether the sale takes place or not.

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Cite This Page — Counsel Stack

Bluebook (online)
915 So. 2d 957, 2005 WL 2864259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brafa-v-christ-lactapp-2005.