For Your Data Premier Van Schaack Realty, Inc. V. Sieg Illustration Brief
March 13, 2016
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Premier Van Schaack Realty, Inc. v. Sieg case brief summary
51 P.3d 24 (2002)
CASE FACTS
The realtor argued that the transfer of the belongings to a express liability corporation during the term of the listing understanding was a sale or telephone substitution entitling the realtor to a brokerage commission.
DISCUSSION
The trial court's conclusion was affirmed, as well as the illustration was remanded to the trial courtroom to decide the amount of reasonable attorney fees the possessor was entitled to every bit a number of the appeal.
Recommended Supplements for Corporations as well as Business Associations Law
51 P.3d 24 (2002)
CASE SYNOPSIS
Appellant realtor appealed the grant of summary judgment as well as abide by of attorney fees to appellee possessor past times the Third District Court, Salt Lake Department (Utah), inwards an activity filed past times the realtor seeking to enforce the brokerage fee payment provided inwards a listing understanding regarding the sale of existent property.CASE FACTS
The realtor argued that the transfer of the belongings to a express liability corporation during the term of the listing understanding was a sale or telephone substitution entitling the realtor to a brokerage commission.
DISCUSSION
- The appellate courtroom held that the transfer was non a sale or telephone substitution because the transfer was non supported past times consideration.
- Further, the possessor retained essentially the same ownership involvement inwards the belongings he had prior to the conveyance, as well as could preclude the tape possessor from encumbering the belongings without his permission.
- The listing understanding entitled the prevailing political party to attorney fees.
- The failure of the owner's attorney to gear upward forth the legal footing for the fees inwards his affidavit was non reversible error.
- The trial courtroom as well as counsel knew that the listing understanding was the legal footing for attorney fees.
- The affidavit provided the number of hours spent on the illustration as well as gave the trial courtroom sufficient plenty data to decide a reasonable fee, since the trial courtroom was rattling familiar alongside the issues inwards the illustration as well as the character of operate provided past times the owner's counsel.
- The possessor was besides entitled to attorney fees incurred on appeal.
The trial court's conclusion was affirmed, as well as the illustration was remanded to the trial courtroom to decide the amount of reasonable attorney fees the possessor was entitled to every bit a number of the appeal.
Recommended Supplements for Corporations as well as Business Associations Law