Bender v. Rosman

Stacey Rosman (defendant) owned property in Montana where he lived with his family. To access this property, Rosman used a road that crossed land owned by Duane Bender (plaintiff). Bender sued Rosman for trespass. Rosman contended he had an easement that allowed him to use the road. Bender harassed Rosman, causing Rosman to get a restraining order before the lawsuit settled in December 2019. The settlement agreement stated that: (1) Bender would buy Rosman’s property, (2) Bender would pay for a property appraisal, (3) the sale price would be the greater of either $170,000 or the appraised value, (4) the sale would close no later than April 1, 2020, (5) Bender would not be required to buy the property if the property’s condition changed substantially before the closing date, and (6) the parties agreed to specific performance as a contractual remedy. Bender then provided Rosman with a realtor’s estimate that the property was worth only $145,000. Rosman insisted on a formal appraisal. Multiple times, Bender scheduled an appraiser. However, Bender told the appraiser not to value the property above $170,000 and repeatedly canceled at the last minute. Eventually, the appraiser refused to work with Bender. Rosman then hired his own appraiser, who valued the property at $202,000. Despite efforts, Bender was unable to schedule another appraiser. On April 1, Rosman and his family vacated the property, but Bender refused to pay the $202,000 appraised value or complete the sale. On April 13, Rosman moved to enforce the settlement agreement at the appraised value. For months, Bender claimed he could not attend a motion hearing for various reasons. During these delays, the house on Rosman’s property burned down. In October 2020, the trial court finally held a hearing and ruled that Bender was contractually required to buy the property at $202,000 (plus interest and Rosman’s attorneys’ fees) because (1) $202,000 was the appraised value, (2) the property had still been substantially unchanged on the closing deadline of April 1, 2020, and (3) Bender’s own behavior was the reason the closing had been delayed past the fire. Bender appealed.