09 Inland Realty Vs CA
09 Inland Realty Vs CA
09 Inland Realty Vs CA
Case Citation: Inland Realty vs CA (GR 76969) Topic: Efficient Procuring Cause
Facts:
Petitoner Inland Realty is a corporation in the real estate business and brokerages. Gregorio Araneta (respondent) through
its Assistant general manager J. Armando Eduque, granted Inland Realty authority to sell the total holdings of Gregorio
Araneta Inc. in Architects Bldg. Inc. at a first come first serve basis. At the time, the property was valued at 98%/9,800
shares of stock at P1,500 per share for 30 days.
Stanford Microsystems couterproposed to Inland Realty to buy the property at 9,800 shares at P1,000 per share. Total of
P9.8M P4.9M payable in 5 years at 12% per annum interest until fully paid. Araneta Inc. wrote to Inland Realty that the
price offered by Stanford was too low.
Inlands authroity to sell was extended 3 times, 30 days each last extension was up to December 2, 1975. On July 8,
1977, Inland finally sold the shares to Stanford at P13.5M. Inland sent a demand letter to Araneta Inc. for the payment of
their 5% brokers commission declined by the respondent because respondent claimed that the authority to sell had long
expired. Petitioners were no longer privy to the consummation of the sale.
Both RTC and CA dismissed Inlands petition because the authority to sell expired on January 1, 1976 (30 days from Dec.
2, 1975). Inland contends that as a broker it was already entitled to the commission by merely introducing the seller to the
prospective buyer who ultimately purchased the shares.
Issue(s):
Held:
NO. Inland Realty is not the efficient procuring cause of the sale. While they had authority, Inland never exhibited any
substantial acts that proximately, and causatively led to the sale. Inland merely submitted Stanfords name as prospective
buyer. By selling the property after the authority to sell had expired, it shows that Inland was non-participative in the
crucial events that contributed to the consummation of the sale. They did not participate in the negotiations, drafting of
the deed of sale, document processing, finalization of terms and conditions etc.
Petition denied.