FRANKLIN REAL ESTATE GROUP, INC. v. SPERO DEI CHURCH - Articles

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FRANKLIN REAL ESTATE GROUP, INC. v. SPERO DEI CHURCH

Posted by: Tanja Trezise on Jan 27, 2021

Court: TN Court of Appeals

Attorneys 1: Benjamin Ealey Goldammer, Nashville, Tennessee, for the appellant, Spero Dei Church.

Attorneys 2: Douglas Berry, Nashville, Tennessee, and Robert F. Parsley and Ian Christopher Quillen, Chattanooga, Tennessee, for the appellee, Franklin Real Estate Group, Inc.

Judge(s): BENNETT

A real estate broker filed a complaint against a client alleging that the client breached the parties’ brokerage agreement by purchasing a property and not paying a commission to the broker. The client filed a motion for summary judgment asserting that the brokerage agreement was void for vagueness because one of its provisions was illogical. The trial court disagreed with the client after concluding that any confusion was due to a simple drafting error. The trial court reformed the brokerage agreement to reflect the parties’ intentions and determined that the client breached the brokerage agreement as reformed. The trial court then, sua sponte, granted summary judgment to the real estate broker. We affirm.

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