Sale Means Sale

December 10, 2014

In this breach of contract suit, the parties disputed the meaning of “sale” in a real estate brokerage contract.  The City of Dallas purchased a portion of the Premises for a public drainage project, but it was disputed whether the City would have taken steps to exercise its power of eminent domain if it had not purchased the Premises.  The Court concluded that the language of the contract was clear in its definition of “Sale,” and that the City did not compel the transfer of the land.  Thus, the broker was entitled to the fee under the contract.

TFO Realty, LLC v. Smith