Vasquez

A couple enters into an exclusive authorization agreement with a broker to sell their business property. The couple is unhappy with the broker and obtains another broker who sells the property during the original listing period. Is the original listing broker entitled to the commission set forth in the authorization agreement? Yes.

Century 21 Butler Realty, Inc. (Century 21) appeals from the summary judgment granted to respondents, Jess and Lorraine Vasquez, Judy Hockenberry, the Beaver-Free Corporation and Robert Brooks. Because the Vasquezes breached the original listing agreement by failing to pay the commission, we reverse the summary judgment granted by the trial court in favor of respondents.

Facts

Jess and Lorraine Vasquez decided to sell their restaurant. On October 14, 1992, the Vasquezes executed a written exclusive authorization agreement with Century 21 to sell the property. The agreement was scheduled to expire on March 10, 1993. In November 1992, the Vasquezes’ niece, Judy Hockenberry, recommended changing brokers because Century 21 had not performed adequately and foreclosure was imminent. On November 11, 1992, Jess Vasquez executed a letter drafted by…