Friday, November 22, 2013

Premier Van Schaack Realty, Inc. v. Sieg case brief

Premier Van Schaack Realty, Inc. v. Sieg case brief summary
51 P.3d 24 (2002)

Appellant realtor appealed the grant of summary judgment and award of attorney fees to appellee owner by the Third District Court, Salt Lake Department (Utah), in an action filed by the realtor seeking to enforce the brokerage fee payment provided in a listing agreement regarding the sale of real property.

The realtor argued that the transfer of the property to a limited liability corporation during the term of the listing agreement was a sale or exchange entitling the realtor to a brokerage commission.


  • The appellate court held that the transfer was not a sale or exchange because the transfer was not supported by consideration. 
  • Further, the owner retained essentially the same ownership interest in the property he had prior to the conveyance, and could prevent the record owner from encumbering the property without his permission. 
  • The listing agreement entitled the prevailing party to attorney fees. 
  • The failure of the owner's attorney to set forth the legal basis for the fees in his affidavit was not reversible error. 
  • The trial court and counsel knew that the listing agreement was the legal basis for attorney fees. 
  • The affidavit provided the number of hours spent on the case and gave the trial court sufficient enough information to determine a reasonable fee, since the trial court was very familiar with the issues in the case and the quality of work provided by the owner's counsel. 
  • The owner was also entitled to attorney fees incurred on appeal.
The trial court's decision was affirmed, and the case was remanded to the trial court to determine the amount of reasonable attorney fees the owner was entitled to as a result of the appeal.

Recommended Supplements for Corporations and Business Associations Law

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