In a recent case decided in the Florida District Court of Appeal CHANTON v. DRUCKER, 299 So. 2* 145, plaintiff real estate broker was denied recovery of a $19,500 commission in a suit against the defendant owner of property because the purchaser procured by the broker was not financially able to purchase the property upon the proposed terms and conditions of the sale.

The broker alleged that she had, in accordance with a verbal listing contract, procured a purchaser who was "ready able and willing" to purchase the property for the purchase price of $325,000. The purchaser had deposited with the broker a $1,000 check as earnest money, but retained control over the check by having the broker not deposit or cash the check until the transaction was completed. The purchaser was to pay $100,000 down payment but only had $85,000 and it was necessary for him to look to someone else for financial assistance. He was looking to the plaintiff broker to advance him a portion of her commission in order to raise the necessary down payment. There was no evidence the would-be purchaser hoc any financial support from a legally obligated source sufficient to carry forward the transaction.

The Court, in ruling against the broker, said: "The law is well settled in this state that before a realtor may be entitled to a commission, some proof is required to show that the person who would be the purchaser is financially able to command the necessary money to close the deal on reasonable notice at the time agreed upon."