Gunn v. Bank of California

Citations

• 99 Cal. 349
• 33 P. 1105
• 1893 Cal. LEXIS 667

Syllabus

<p>Commission on Real Estate Bbokeb—Finding Pubohaseb.—Although the right of a real estate broker employed to negotiate a sale, to recover the agreed commission, is complete when he has found a purchaser able, ready and willing to purchase upon the vendor’s terms, and does not depend upon the final acceptance by the purchaser of a conveyance of the property sold; yet he does not find a purchaser within the meaning of the rule if the purchaser does not sign a binding agreement to purchase, or is not produced before the vendor as a person ready and willing to enter into such a contract, and who offers to complete it provided the vendor will make the conveyance—and the mere finding of a person financially able, who verbally agrees with the broker to purchase upon the terms of the vendor and makes a deposit with the broker, to be returned if the title is defective, and who refuses to consummate the sale owing to a defective title, is not such a finding of a purchaser as entitles the broker to recover the agreed commission.</p>