In Re Eastview Estates Ii, Debtor. Perry T. Christison, Trustee for Eastview Estates II v. The Norm Ross Company and Eli Perlman Realty Company

The trustee appeals from a judgment holding that two brokers have allowable claims against the estate of the debtor for commissions based on services rendered in arranging the transfer of real property by the debtor. The trustee contends that the bankruptcy court and the bankruptcy appellate panel (BAP) erred in finding an enforceable claim for commissions, because the brokers obtained no general brokerage agreement in writing, the conditions under which commissions were to become payable under the written special contract were never satisfied, and the special contract was not validly modified by subsequent oral statements. We reverse.

I

The appellees are the Norm Ross Company and Eli Perlman Realty Company (Brokers), two real estate brokers doing business in San Diego, California. Debtor Eastview Estates II (Estates) is a California limited partnership in which Toddner, Ltd., is the general partner. Toddner is a California limited partnership in which New Environment Research Co. (NER) is a partner. The president of NER is Raleigh A. Kirkendall (Kirkendall).

In 1975, Toddner purchased 58 acres of unimproved real property from Sweetwater Heights Investa (Sweetwater). Soon…