Question

Douros Realty & Construction Co. had a lead on a "prime" piece of real estate. Although Douros did not have a listing agreement with the seller of the property, he contacted Kelley Properties. Douros knew that Kelley was looking for a location for a commercial development. Douros contacted Kelley stating only that he had the "finest, most outstanding, viable location in the county and it just came on the market." Douros said he would reveal the location of the property and the owner's name if Kelley would sign an agreement which would require Kelley to pay a 10% commission if a sale of the property resulted. The agreement was signed. Four months later, Kelley bought the property after negotiating the deal himself. Kelley claims he does not owe a commission to Douros because there was insufficient consideration to support the payment of commission so large. Kelley claims that all Douros did in the entire transaction was to reveal the location of the property and the owner's name. Was there sufficient consideration to make this promise enforceable?

Answer 1

usually, a useful consideration that is needed to aid a contract may be either a loss to the promisee or a benefit to the promisor. The loss to the promisee usually may come in form of his own doing by involvement in illegal dealings. Douros did what or was involved in what he was not expected to do legally by revealing the location of the property and the owner's name. This leads legal consideration and also the courts will hardly take a peep/ look at the adequacy of the consideration.

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