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Blondell v. Ahmed

Court of Appeals of North Carolina
786 S.E.2d 405 (2016)


Facts

In March 2013, Shakil and Shabana Ahmed (defendants) signed an agreement with Colleen Blondell (plaintiff) giving Blondell the exclusive right to list the Ahmeds’ home. The agreement entitled Blondell to a real estate commission upon her sale of the home. On April 3, 2013, Michael and Susan Fekete made an offer on the home to Blondell. The Ahmeds rejected the offer. Later in April 2013, the Ahmeds told Blondell they no longer wished to sell their home. Accordingly, Blondell sent the Ahmeds an email with an unsigned termination agreement attached. The text of the email stated that the Ahmeds’ execution of the termination agreement would terminate the parties’ listing agreement. The termination agreement stated that it would become effective upon the signature of both parties. The Ahmeds signed the termination agreement and returned it to Blondell. On May 2, 2013, the Ahmeds reached an agreement with the Feketes to sell their home. Prior to signing a formal sale agreement, the Ahmeds contacted Blondell about the termination agreement. On May 10, 2013, Blondell signed the termination agreement. On May 11, 2013, the Ahmeds signed an agreement to sell the home to the Feketes. Blondell sued the Ahmeds for breach of the implied duty of good faith and fair dealing, seeking a real estate commission for the sale of the home. The Ahmeds argued that Blondell’s email rendered the listing agreement terminated upon the Ahmeds’ execution of the termination agreement. The trial court granted the Ahmeds’ motion for summary judgment. Blondell appealed.

Rule of Law

Issue

Holding and Reasoning (Dillon, J.)

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