Roney v. B.B.C. Corporation

Summary

The Supreme Court of Wyoming affirmed a judgment holding Nedra Roney liable to B.B.C. Corporation for a 7% real estate commission after she withdrew a listed property from the market without consent. The court held that B.B.C. was a party to the listing agreement, that the brokerage disclosures substantially complied with Wyoming law, and that Roney's withdrawal triggered liability for the commission, interest, and attorney fees.

Holdings

1. B.B.C. Corporation became a party to the listing agreement when its representative signed the agreement on its behalf as the contemplated local co-listing broker.
2. Roney breached the listing agreement by withdrawing the Downtown property from the market during the listing period without B.B.C. Corporation's consent.
3. Any alleged failure by B.B.C. Corporation to offer a three-and-one-half-percent cooperating commission under a separate co-listing agreement was not a defense to Roney's claim because the agreements involved different parties; in any event, the alleged conduct was not a material breach of the listing agreement.
4. The disclosures provided to Roney substantially complied with Wyo. Stat. § 33-28-306, and Roney could not avoid her contractual obligations based on technical disclosure deficiencies.
5. B.B.C. Corporation was entitled to the full seven-percent commission stated in the listing agreement, together with the interest and attorney fees awarded by the district court.

Questions Presented

1. Whether the listing agreement constituted an enforceable express contract between Roney and B.B.C. Corporation.
2. Whether the brokerage disclosures substantially complied with Wyo. Stat. § 33-28-306.
3. Whether Gould's release of Roney released B.B.C. Corporation's interest in the listing agreement.
4. Whether B.B.C. Corporation first materially breached the contract by offering a three-percent cooperating commission rather than the alleged three-and-one-half-percent commission.
5. Whether B.B.C. Corporation was entitled to the full seven-percent commission specified in the listing agreement.
6. Whether the award of attorney fees was proper.

Disposition

affirmed