Roney v. BBC CORPORATION

2004 WY 113, 98 P.3d 196, 2004 Wyo. LEXIS 140, 2004 WL 2122269
CourtWyoming Supreme Court
DecidedSeptember 24, 2004
Docket03-247
StatusPublished
Cited by6 cases

This text of 2004 WY 113 (Roney v. BBC CORPORATION) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roney v. BBC CORPORATION, 2004 WY 113, 98 P.3d 196, 2004 Wyo. LEXIS 140, 2004 WL 2122269 (Wyo. 2004).

Opinion

LEHMAN, Justice.

[11] This is an appeal from the district court judgment ruling that appellant Nedra Dee Roney (Roney) is liable under a listing agreement for the payment of a commission, plus prejudgment interest and attorneys fees to appellee B.B.C. Corporation, doing business as Coldwell Banker/The Real Estate Company in Jackson, Wyoming (BBC). We affirm.

ISSUES

[12] Roney sets forth the following issues on appeal:

I. Did the trial court err in concluding that Appellant and Appellee made an express contract, the terms of which were contained in the exclusive listing agreement?
II. Did the trial court err in finding that the brokerage disclosure received by Appellant was in substantial compliance with Wyoming Statute § 33-28-3067
III. Did the trial court err in finding that the release of Appellant from the listing agreement by John Gould was not effective to release Appellee's interest in the listing contract?
IV. Did the trial court err in failing to find that Appellee was the first to breach the contract?
V. Did the trial court err in awarding Appellee the full 7% commission?
VI. Did the trial court err in awarding attorneys fees?

BBC phrases the issues on appeal as:

1. Whether the trial court clearly erred in finding appellant liable for a commission based on undisputed evidence admitted at trial without objection.
2. Whether appellant can use technical defects in disclosures approved by her real estate portfolio manager to avoid paying the commission she owes appellee.

FACTS

[T3] Roney is a sophisticated owner of real estate worth millions of dollars located in California, Idaho, Nevada, Utah, Wyoming, and the Cayman Islands. John Gould (Gould), a California licensed real estate agent working for Coldwell Banker/Beverly Hills North (CB/BHN), worked with Roney in the real estate arena for over ten years. On March 22, 2001, Roney and Gould entered into an agreement making Gould her real estate portfolio manager, wherein Gould was authorized to identify and consult with local area brokers to co-list Romney's properties. Roney retained signatory authority for any transactions.

[T4] On January 26, 2001, Roney and Gould executed California listing agreements for three separate properties located in Te-ton and Fremont Counties in Wyoming, commonly known as the Pine Meadows, Smoky Hollow-Mosquito Creek, and Lucky Dog properties. The listing prices were $5.9 million, $12.5 million, and $650,000, respectively. On this same date, Roney and Gould signed a California real estate agency disclosure form. Later, on February 9, 2001, Roney and Gould executed another California listing agreement concerning a property located in Bonneville County, Idaho, commonly known as the Pine Creek Ranch for the listing price of $2.5 million. Subsequently still, on March 22, 2001, Roney and Gould executed a Cali *199 fornia listing agreement concerning a separate property located within the downtown area of Jackson, Wyoming ("Downtown property") for the listing price of $2.2 million. The latter transaction is the subject of this action.

[15] Each of the listing agreements provided that Roney pay a seven percent commission on the listing price in the event she withdrew the properties from the market without prior consent. The agreements also stated that Gould would locate a local broker to co-list the properties and that the local laws, rules, and regulations wherein each respective property was located would prevail.

[T6] In early 2001, Gould and Roney's attorney, Tom Branch, met with members of BBC, including Cyril Richard (Richard), a broker licensed in both Idaho and Wyoming, to find an acceptable local real estate broker to list the properties. Ultimately, BBC was formally retained, and Richard executed each of the listing agreements on behalf of BBC. Specifically with respect to the listing agreement concerning the Downtown property, Gould faxed the listing agreement that had already been signed by Roney and Gould and a co-listing agreement as between Gould and BBC to Richard on March 27,2001. Richard signed the listing agreement and co-listing agreement and returned the co-listing agreement to Gould. 1

[T7] BBC extensively marketed each of the properties for sale. Through BBC's efforts, the Pinecreek Ranch property located in Idaho sold in June 2001. Upon the closing of that sale, Roney identified BBC as the listing broker, and BBC received payment of its commission. On June 20, 2001, Roney asked Gould if she could withdraw the Wyoming properties from the market and be released from the listing agreements. Gould agreed and advised Roney of such releases on his part, but warned that his release may not be binding on BBC. Gould then requested that BBC release Roney from the listing agreements. In particular, Gould explained that Roney often varied her position with respect to sales of her real estate portfolio and that because she was a very important client, he let her do what she wanted in an effort to retain her business. BBC refused to release Roney outright from the listing agreements, but stated that it would consider releasing the listing agreements concerning any transaction wherein Roney traded property with her brother, as long as Roney paid for BBC's expenses. Ultimately, BBC formally agreed to accept payment of its expenses from Roney and released the listing agreement concerning the Smoky Hollow Mosquito Creek property that Roney traded with her brother for other property.

[18] On September 6, 2001, the Lucky Dog property sold through BBC's efforts, and BBC received a commission from the sale. Nevertheless, Roney withdrew the Downtown property from the market and, four months later, listed the property for sale with a different Jackson broker at the same listing price. On April 9, 2002, BBC filed a complaint against Roney alleging that Roney had breached the listing agreement on the Downtown property. After trial, the district court ordered Roney to pay BBC the seven percent commission on the listing price, interest, and attorney fees called for under the listing agreement. This appeal followed.

STANDARD OF REVIEW

[19] A trial was held before the district court, with the district court issuing specific findings of fact and conclusions of law. We recently revisited the standard of review applicable in such case in Double Eagle Petroleum & Mining Corp. v. Questar Exploration & Prod. Co., 2008 WY 139, ¶ 6, 78 P.3d 679, ¶ 6 (Wyo.2008) (quoting Ahearn v. Hollon, 2002 WY 125, ¶ 15, 58 P.3d 87, ¶ 15 (Wyo.2002)):

The purpose of specific findings of fact is to inform the appellate court of the underlying facts supporting the trial court's conclusions of law and disposition of the issues. Hopper v. All Pet Animal Clinic, Inc., 861 P.2d 531, 538 (Wyo.1993). While *200 the findings of fact made by a trial court are presumptively correct, we examine all of the properly admissible evidence in the record.

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Cite This Page — Counsel Stack

Bluebook (online)
2004 WY 113, 98 P.3d 196, 2004 Wyo. LEXIS 140, 2004 WL 2122269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roney-v-bbc-corporation-wyo-2004.