Prudential Kahler Realtors v. Schmitendorf

2003 SD 148, 673 N.W.2d 663, 2003 S.D. LEXIS 180
South Dakota Supreme Court·Decided December 23, 2003·No. None·Published·Cited by 3 cases

Opinions

GILBERTSON, Chief Justice.

[¶ 1.] James and Dorothy Schmitendorf (Schmitendorfs) entered into an exclusive listing agreement with Prudential Kahler Realtors (Kahler) for the sale of a printing business known as the Type Emporium. In the listing agreement, the Schmiten-dorfs agreed to pay Kahler a nine percent sales commission if the business was sold to any buyer to whom Kahler had shown the property. The listing agreement also contained a “tail” that obligated the Schmi-tendorfs to pay the commission if the property was sold within 360 days following the expiration of the agreement to anyone who was shown the property during the time-frame of the listing agreement. After the agreement expired, the Schmitendorfs sold the property to Michael Mitzel (Mitzel). Kahler then attempted to collect a commission for the sale, but the Schmitendorfs refused to pay on the grounds Kahler had not shown the property to Mitzel. Following a trial, the court agreed Kahler had not shown the property to Mitzel according to the meaning of the listing agreement and denied Kahler’s claim for a commission. Because we believe this finding is not clearly erroneous, we affirm the trial court.

FACTS AND PROCEDURE

[¶ 2.] On August 15, 1998, the Schmi-tendorfs entered into an exclusive listing agreement with Kahler for the commercial property known as the Type Emporium. The agreement provided for a nine percent sales commission in the event the property was sold to anyone Kahler had shown the property. The listing agreement also contained a 360-day “tail” that obligated the Schmitendorfs to pay the commission if the property was sold within 360 days following the expiration of the agreement to anyone who was shown the property during the timeframe of the listing agreement.

Free access — add to your briefcase to read the full text and ask questions with AI

Prudential Kahler Realtors v. Schmitendorf, 2003 SD 148, 673 N.W.2d 663, 2003 S.D. LEXIS 180 (S.D. 2003).

2003 SD 148 (Prudential Kahler Realtors v. Schmitendorf) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Kjerstad Realty, Inc. v. Bootjack Ranch, Inc.
2009 SD 93 (South Dakota Supreme Court, 2009)
Sanford v. Sanford
2005 SD 34 (South Dakota Supreme Court, 2005)
Prudential Kahler Realtors v. Schmitendorf
2003 SD 148 (South Dakota Supreme Court, 2003)