Young v. Rose

A real estate broker/buyer agreement signed by the buyers is unenforceable against the buyers if the broker fails to execute the agreement (see A.R.S. 32-2151.02).  However, the trial Court improperly granted the Roses’ motion to dismiss because the broker’s response included matters outside the complaint; therefore, the Court was required to treat the motion as one for summary judgment.  Thus providing the parties a reasonable opportunity to present all materials relevant to the case.  For more read the opinion here.