Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Commercial Leasing Law & StrategyFeaturesLandlord Tenant LawLitigation

Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement

By Stewart E. Sterk
May 01, 2022

In an action to recover a brokerage commission, broker appealed the New York Supreme Court's denial of its summary judgment motion. Douglas Elliman of LI, LLC v. Roselle Building Co, Inc., NYLJ 2/14/22, p. 25, col. 2 AppDiv, Second Dept. (memorandum opinion). The Appellate Division affirmed, holding that questions of fact remained about seller's liability for a commission after expiration of the brokerage agreement.

The seller entered into a brokerage agreement providing for a 5% commission if seller entered into a contract of sale or sold the property within 60 days after termination of the agreement if the buyer had been shown the property during the term of the agreement. The agreement expired in August 2016, but the parties extended it until January 2017. The parties dispute whether they subsequently entered into an oral agreement for an open listing. In December 2017, the seller contracted to sell the property to the long-time tenant, with whom a prior sale attempt had fallen through. The contract identified the broker by name, and provided that seller would pay any commission earned pursuant to a separate agreement between broker and seller. When seller failed to pay a commission, the broker brought this action and moved for summary judgment. The New York Supreme Court denied the motion and broker appealed.

This premium content is locked for Commercial Leasing Law & Strategy subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.