The appellants, a real estate brokerage and its realtor, appealed a summary judgment dismissing their claim for a $650,000 commission from the respondent purchaser after a commercial real estate transaction failed to close.
The motion judge found that the Buyer Representation Agreement, which listed the commission as 'TBD', did not contractually bind the purchaser to pay the commission amount set out in a separate agreement between the brokerage and the seller.
The Court of Appeal dismissed the appeal, holding that the motion judge made no reviewable error in his contractual interpretation and that his conclusion was open to him based on the highly fact-specific circumstances.
