Donna Harris vs. Rulon Harris/Paige Williams vs. F. Beach Jr.

This appeal involves a realtor's commission for a failed sale of real property that was jointly owned by parties to a divorce. Upon the divorce of the property owners, the court ordered that their residence be sold. Having a listing agreement with a realtor in place, a contract for the purchase of the property was signed. After difficulty consummating the sale, the realtor and the purchaser intervened in the divorce and were granted specific performance of the contract. The court's order set a closing date and an alternative divestiture closing date in case the parties again refused to cooperate. As contemplated by the court, the divorcing property owners failed to attend the closing and a date for the divestiture closing was set. A foreclosure was to occur, however, before the divestiture closing. One hour before the foreclosure, the purchaser under the contract acquired the note and allowed the foreclosure to proceed. The purchaser then acquired the remaining interest in the property at the foreclosure. The chancery court ordered the purchaser to pay to the realtor a commission on the amount paid for the note. The purchaser appealed, and for the following reasons, we reverse.