Nature of the Case
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Facts
P sought to purchase a home through Keeler Realty. An agent for Keeler examined the multiple listings and found a home under an exclusive listing with D. P decided to buy, and an agreement was drafted and signed by P. Another agent from D (Bush) showed up and informed P that only the full asking price would be acceptable to the seller. Two conditions were added to P's offer of bank financing and the sale of P's house. P balked but eventually agreed. Twenty minutes later, Bush showed up with another set of clients and informed them that there was an outstanding offer, and then they offered $300 more with contingent bank financing but no conditional sale of their home. Bush was to receive a higher commission on an in-house sale than working with the outside broker. Bush never communicated this offer to P. P eventually bought a home in the neighborhood for $3,100 more than offered. The trial court ruled for P and D appealed.
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