Island Realty (plaintiff/appellant) listed Susan Bibbo's (defendant) property in Loveladies, New Jersey. The listing agreement was an MLS exclusive right-to-sell effective from May 13, 1998, until November 13, 1998. The listing price was 359,000 and the commission for Island was 6 percent. On July 23, 1998, Ms. Bibbo notified Island that she wanted to remove her house from the market. She confirmed that decision the next day with a letter to the Island offices. On July 27, 1998, Island faxed to Bibbo an unsigned, illegible agreement for sale for the listing price from a buyer produced by another real estate agent. A legible version was faxed the next day, but the actual agreement was not signed by the buyer until July 29, 1998. Bibbo never received a signed copy of the purchase agreement and she did not sign either document that she received. In short, Bibbo refused to sell the property. She also refused demands by Island for its commission. Island filed suit for its full commission of 21,540. The lower court granted Bibbo's motion for summary judgment and Island Realty appealed. Is Island entitled to a commission?
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