Heinrich J. Hanf and M. Helen Hanf v‪.‬

Defendants Naida and Jackson Miller sold certain real property to plaintiffs Heinrich and Helen Hanf, who believed the property
could be re-zoned for commercial use. Defendant Syringa Realty, Inc. (Syringa), was the listing broker, and defendant Kaniksu,
Inc. (Kaniksu), was the selling agent. When the Hanfs' application for a zone change was denied, the Hanfs brought suit against
the Millers, Kaniksu and Syringa, seeking rescission or reformation of the real estate contract and damages. The trial court
granted the Millers' (sellers) and Syringa's (listing broker) motions for summary judgment and awarded them both attorney
fees and costs. The trial court granted partial summary judgment to Kaniksu (selling broker), reserving for trial the issue
of professional malpractice. The jury found in favor of the Hanfs on the remaining count of professional malpractice against
Kaniksu, Inc. Kaniksu appeals this decision and from the denial of its post trial motions, and the Hanfs appeal the award
of attorney fees and costs granted to the Millers and Syringa Realty. The two appeals were consolidated. In May, 1985, Jackson and Naida Miller decided to sell five acres[Footnote 1] of property they owned on Highway 2 in Bonner
County, Idaho, and signed a listing agreement with Syringa Realty, Inc. The listing agreement authorized Syringa to secure
the co-operation of any other broker in procuring the sale of the property. Syringa then entered the property into a multiple
listing service in Bonner County. The "for sale" sign on the property read, "FOR SALE -- 5 ACRES -- COMMERCIAL -- TERMS --
SYRINGA REALTY."