Chan

Buyer agreed to purchase a shopping center from Seller but later changed his mind. Buyer’s real estate broker sued Buyer for his commission. Broker was awarded judgment in the amount of $10,000. Both Buyer and Broker appeal. We modify the judgment to increase the amount recovered by Broker to $100,000, and remand the matter to the trial court to determine the issue of attorney’s fees and costs.

Facts and Procedural Background

Buyer informed Broker that Buyer was interested in acquiring commercial property. Broker located several properties. Broker showed these properties to Buyer but no purchase resulted.

Broker then located Seller’s property. Broker contacted Seller’s broker and inspected the property. Broker told Buyer about the property. Buyer liked the property, and Broker submitted an offer to Seller. Seller accepted the offer.

The purchase price was $4 million. The purchase agreement provided that if Buyer defaulted, Seller would retain the $20,000 deposit as liquidated damages. The purchase agreement also provided that Seller had employed Broker, and that Seller would pay Broker 6 percent of the sale price as commission, “payable as follows: (a) On recordation…