In October 2008, John Filichko signed a standard Virginia Association of Realtors "Exclusive Authorization to Sell" contract with real estate broker Ware Creak Realty Corp. of New Kent County, Virginia. The contract entitled Ware Creek the exclusive right, for a period of 6 months, to sell a parcel of real estate in New Kent County known as the "Jackass Flats" property on Route 60 in Lanexa. After the initial period of exclusivity, Ware Creek could still earn a commission if it introduced and "sold" the property to a buyer within a 90-day period of non-exclusivity. But after the 90-day period, Ware Creek had no right to a commission.
The initial exclusive period came and went without Ware Creek selling the property to a buyer. But during the 90-day non-exclusive period, Ware Creek introduced the property to two gentlemen who wanted to buy it. They signed a contract to buy the property that was "contingent" on financing. The contract said that it was to close on or about "September 2008."