Plaintiff Polly hired Defendant Dan to sell 500 acres of Plaintiff Pollys land and all the farming
Question:
Plaintiff Polly hired Defendant Dan to sell 500 acres of Plaintiff Polly’s land and all the farming equipment on Plaintiff Polly’s property. Defendant Dan told Plaintiff Polly he was a real estate expert, even though Defendant Dan had never sold a single property and was unlicensed. Defendant Dan learned his skills from online videos. Defendant Dan provided Plaintiff Polly with a standard form agreement that charged Plaintiff Polly twice the normal commission rate of an entry-level real estate Defendant Dan. The contract stated “Defendant Dan’s duties are complete after the deal is closed.” Plaintiff Polly asked the Defendant Dan to explain the contract because Plaintiff Polly had limited literacy. Defendant Dan told Plaintiff Polly, “Don’t worry. This form is just a formality.” Plaintiff Polly signed the contract. Defendant Dan posted Plaintiff Polly’s land on the market.
After six months, Defendant Dan arranged a meeting between Plaintiff Polly and a potential
Potential Purchaser to discuss the terms of a purchase, but Potential Purchaser never showed up. Defendant Dan went to the Potential Purchaser’s home. When Potential Purchaser opened the door, Defendant Dan said, “You better close this deal with Plaintiff Polly or you’ll be sorry.”
Defendant Dan shoved the contract in Potential Purchaser’s face and held out a pen.
Potential Purchaser, who was only 17 years old, was scared by Defendant Dan’s threats and
immediately signed the contract. Potential Purchaser never paid Plaintiff Polly any money.
Three weeks later, Potential Purchaser called Plaintiff Polly and said they no longer wanted the land. Plaintiff Polly asked Defendant Dan to continue selling the land, but Defendant Dan told Plaintiff Polly that he no longer did real estate and claimed the deal closed when Potential Purchaser signed the contract. Plaintiff Polly called Defendant Dan a fraud because Plaintiff Polly believed Defendant Dan’s duties were not completed until Plaintiff Polly received the money from the sale. What UCC implications do you see, explain and articulate.
The Legal Environment of Business A Critical Thinking Approach
ISBN: 978-0134074030
8th edition
Authors: Nancy K. Kubasek, Bartley A. Brennan, M. Neil Browne