Stortroen v. Beneficial Financial Co. of Colorado

736 P.2d 391 (1987)

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Stortroen v. Beneficial Financial Co. of Colorado

Colorado Supreme Court
736 P.2d 391 (1987)

  • Written by Rose VanHofwegen, JD

Facts

The Stortroens (plaintiffs) engaged a broker-associate to help them sell their old home and purchase a new one. The broker-associate located a suitable home in the multiple listing service (MLS) and placed an offer contingent on the sale of the Stortroen’s old home. The seller counteroffered. The Stortroens accepted the counteroffer in writing and withdrew the sales contingency. Meanwhile, the seller (defendant) received a better offer from another buyer. The listing agent called the broker-associate, left a message withdrawing the counteroffer, and accepted the higher offer. The Stortroens sued the seller for specific performance. The trial court granted summary judgment for the seller.

Rule of Law

Issue

Holding and Reasoning (Quinn, C.J.)

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