Question

CASE STUDYBUSINESS LAWAnderson Darragh, a real estate agent for RE/MAX, informed Bryan Thomas, a real estate developer, that he knew of a commercial property Thomas might be interested in buying. Thomas told Darragh that he was interested but wanted more information about the property. Darragh revealed the address of the property and the selling price. Darragh also stated that if Thomas bought the property, Thomas would have to pay RE/MAX an 8 percent commission. Darragh met with the owner of the property and obtained information regarding the lease agreements of the current tenants, monthly rent payments, and relevant expenses. Darragh also went to City Hall and compiled data related to property taxes and zoning. Darragh gave all of the information he had gathered to Thomas at a meeting on March 16. Darragh also included a document stating that the 8 percent commission should be paid to RE/MAX after the purchase of the property was complete. Thomas did not agree to the 8 percent commission at the meeting. On March 21, Darragh arranged for Thomas to meet with the property owner and during that meeting, Thomas purchased the property. After the sale was complete, Thomas refused to pay the 8 percent commission to RE/MAX.This Case Analysis is worth a maximum of 25 points. Please complete the following for your assignment:What is the legal issue involved in this case? – 5 pointsBased on the Issue identified, provide an argument for Darragh using facts of the case and relevant legal theory to support it. – 5 points Based on the Issue identified, provide an argument for Thomas using facts of the case and relevant legal theory to support it. – 5 points Based on the facts given, and what you know about the legal issues involved, how was this case decided? In favor of Darragh; or Thomas? Provide an explanation. – 5 pointsCase is typed according to the guidelines in the syllabus and is free of grammar and spelling mistakes. – 5 points

Answer 1

Based on legalities, Thomas has the right to refuse payment of the 8% commission to RE/MAX because he already stated his refusal during the meeting with Darragh nor did he sign the document that Darragh gave him during the meeting. Thus, there was no meeting of minds. 

Darragh is entitled to be given a reimbursement for his expenses incurred in securing documents that he willingly gave to Thomas. He can also ask Thomas for a recompensation for his labors but it will be according to Thomas's discretion. 

Darragh can't claim that he worked on implied consent from Thomas because Thomas specifically stated his refusal in paying for the 8% commission during their meeting but Darragh did not stop to renegotiate the commission nor convince Thomas to accept the contract.