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Cochran v. Norkunas | 919 A.2d 700 (2007)

When a woman tries to back out of selling property, the potential buyers insist that they’ve made an offer she can’t refuse in Cochran versus Norkunas.

Eileen Norkunas owned property. Rebecca Cochran, with several others, wanted to buy it. Cochran’s real estate agent, Brian Best, drafted a 5-paragraph letter of intent. It stated that a Maryland Realtors Contract would be executed and referenced several terms that would be in the contract. Cochran provided a check for the down payment. Both Norkunas and Cochran signed the letter. Norkunas didn’t deposit the check.

Then, Best sent Norkunas the Maryland Realtors Contract and forms with terms beyond those in the letter. The contract included an integration clause that stated the contract was the complete agreement and limited modification. Norkunas didn’t return the packet and then told Cochran she wasn’t selling.

Cochran filed suit to enforce the letter, requiring Norkunas to sell. At Norkunas’s deposition, she testified that she signed some of the forms from Best but crossed out a couple of provisions she didn’t like. Norkunas thought she was working on a counteroffer. Norkunas worried that she was making a mistake, so she decided not to sell.

Then, Cochran amended her complaint to state that Norkunas signed the contract. Both parties moved for summary judgment. The court awarded summary judgment for Cochran because Norkunas signed the letter and contract. Norkunas appealed. On appeal, the court reversed because the parties hadn’t reached a final agreement, and Norkunas didn’t indicate her acceptance to Cochran. The Maryland Court of Appeals granted cert.

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