The appellant appealed a Small Claims Court decision awarding a real estate agent commission after she refused a full-price offer for her home.
The Divisional Court allowed the appeal, finding that the trial judge erred in concluding the offer was identical to the listing agreement, as it contained unaccepted conditions regarding water and septic systems.
The court also found the offer was not properly presented to the appellant and the commission clause was not clear and unequivocal.
The trial judgment and costs award were set aside, and the agent's claim was dismissed.
