Narrative Opinion Summary
The Ninth Circuit Court of Appeals affirmed a bankruptcy appellate panel's grant of summary judgment in favor of ANDOCS I regarding the bankruptcy case of Mike Glickman Realty, Inc. The central issue was Glickman's failure to secure a buyer willing to purchase property for $1.5 million, as stipulated in the original listing agreement. Instead, ANDOCS, through representative Les Malo, indicated willingness to accept a $1.2 million offer provided the brokerage commission was reduced to 4% and payable only upon the closing of escrow. Glickman did not fulfill this oral condition, and the property remained unsold. The court concurred with the bankruptcy panel that Glickman's non-performance constituted a failure under either a modification of the original listing agreement or a new promise requiring new consideration. The ruling is not designated for publication and cannot be cited except under specific conditions outlined in Ninth Circuit Rule 36-3.
Legal Issues Addressed
Conditions Precedent in Real Estate Transactionssubscribe to see similar legal issues
Application: The decision underscores the importance of fulfilling conditions precedent, such as securing a buyer at an agreed price, in real estate transactions.
Reasoning: The central issue was Glickman's failure to secure a buyer willing to purchase property for $1.5 million, as stipulated in the original listing agreement.
Modification of Contractual Agreementssubscribe to see similar legal issues
Application: The case examines the implications of failing to meet modified terms of a contractual agreement regarding the sale of property as stipulated by the parties involved.
Reasoning: The court concurred with the bankruptcy panel that Glickman's non-performance constituted a failure under either a modification of the original listing agreement or a new promise requiring new consideration.
Oral Modification and Considerationsubscribe to see similar legal issues
Application: The case explores the necessity of new consideration when an oral modification alters the terms of an existing agreement, as evidenced by the new condition proposed by ANDOCS.
Reasoning: ANDOCS, through representative Les Malo, indicated willingness to accept a $1.2 million offer provided the brokerage commission was reduced to 4% and payable only upon the closing of escrow.
Publication and Citation of Judicial Opinionssubscribe to see similar legal issues
Application: The ruling's non-publication status restricts its citation to specific conditions under Ninth Circuit Rule 36-3, reflecting the limitations on using unpublished opinions as legal precedent.
Reasoning: The ruling is not designated for publication and cannot be cited except under specific conditions outlined in Ninth Circuit Rule 36-3.
Summary Judgment in Bankruptcy Proceedingssubscribe to see similar legal issues
Application: The Ninth Circuit affirmed the summary judgment granted by the bankruptcy appellate panel in favor of ANDOCS I, highlighting the procedural appropriateness of summary judgment in cases of clear contractual non-performance.
Reasoning: The Ninth Circuit Court of Appeals affirmed a bankruptcy appellate panel's grant of summary judgment in favor of ANDOCS I regarding the bankruptcy case of Mike Glickman Realty, Inc.