Sentences with phrase «brokerage commission»

When the Sellers refused to pay the Brokerage its commission from the sale, the Brokerage filed a lawsuit.

Cyclical Determinants of Brokerage Commission Rates (Journal of Real Estate Finance and Economics, Jan. 2014) E

The New York Times ran an article on the front page of its real estate section last week describing how some home sellers are starting to consider whether it makes sense to sell a home on their own, or otherwise try to sell without paying a full brokerage commission.

Smith Brokerage brought her a buyer who submitted an acceptable offer, so Mary paid Smith Brokerage a commission for representing the buyer.

Mecox Realty Corp. v. Rose (202 A.D. 2d 404) judgment in favor of plaintiff to recover brokerage commission affirmed, where broker earned commission when they produced a buyer who was ready, willing and able to purchase at the terms set by the seller.

M.A. Salazar, Inc. v. Levy (237 A.D. 2d 583)- summary judgment granted dismissing broker's complaint for brokerage commission; broker fails to allege that the parties agreed on terms customarily encountered in a real estate transaction and in the absence of such agreement on essential terms, the broker did not earn commission; mere agreement as to price on a proposed sale does not constitute a meeting of the minds of buyer and seller and therefore broker is not procuring cause.

Hirschfeld Properties, Inc. v. Juliano (3 A.D. 3d 399)- broker relies upon writing which does not contemplate payment of brokerage commission and thus is not a valid real estate brokerage agreement; absent such an agreement, broker must demonstrate that it was the procuring cause of the lease, which broker admits that it was not; broker's complaint dismissed

Williams Real Estate Co., Inc. v. Ann Taylor, Inc. (251 A.D. 2d 230)- no basis upon which to seek a brokerage commission where exclusive brokerage agreement did not contain a protection period and first substantive negotiations occurred a year and a half after expiration of the exclusive brokerage agreement; broker's claim for commission against tenant fails where exclusive brokerage agreement provides that broker would seek a commission only from landlord of the premises; broker fails on procuring cause standard where there is no evidence the broker brought the parties together on mutually agreeable terms; no evidence presented that tenant acted in any manner to deprive broker of a rightful commission.

Balog Realty Corp. v. East Coast Real Estate Developers (202 A.D. 2d 529) defendant's appeals from lower court orders are dismissed, judgment in favor of plaintiff to recover brokerage commission affirmed.

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized

Cushman & Wakefield v. Northeastern Industrial Park (246 A.D. 2d 303)-- owner is liable for brokerage commission stipulated in commission agreement notwithstanding that it is not a party to either the renewal lease procured by broker or the prior lease, where owner identified itself in the commission agreement as the landlord of the premises, and, throughout the lease negotiations and continuing even after broker first demanded its commission, consistently held itself out as one in the same as the company identified in the lease as the landlord; commission agreement clearly requires payment of the full term commission at the commencement of the lease should the lease, as it does, require the tenant, should elect to cancel, to reimburse the landlord for the portion of the commission attributable to the cancelled term.

Old Oak Realty v. Polimeni (232 A.D. 2d 536)- denial of motion for partial summary judgment dismissing broker's claims to a brokerage commission reversed; there is a notation precluding broker's claim for balance of commission due where broker's president accepted the tender of a check and note for less than the full brokerage fee and endorsed the note as «paid in full».

Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission against buyer in second transaction where sellers agreed to pay the brokerage commission

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original instance

Eastern Consolidated Properties, Inc. v. Lucas (285 A.D. 2d 421)- Supreme Court's order to dismiss broker's complaint reversed; broker's complaint sufficiently alleges that certain defendants have the authority to act on behalf of all defendants in the underlying real estate transaction; upon procuring a buyer ready, willing and able to purchase on the seller's terms, the broker has earned its commission and a seller who frustrates the consummation of the transaction is liable nonetheless to the broker; no requirement that a brokerage commission be in writing (GOL 5 - 710 [a][10]-RRB-

Heelan Realty and Development Corp. v. Ocskasy (27 A.D. 3d 620)- broker's claim dismissed; although testimony supported conclusion that the contractional relationship of the parties continued beyond the expiration date of the written listing agreement, the broker failed to present legally sufficient evidence of its entitlement to payment of a brokerage commission; prospective buyer's principal testified that buyer was not advised regarding the environmental contamination and subsequent remediation of the property, that regulatory approvals of the clean up work had not been obtained and was unable to state that the prospective buyer would have consummated the purchase had it been aware of the contamination issues; broker failed to establish that buyer was ready, willing and able to purchase the property and that there was a meeting of the minds between the buyer and the seller

Hagedorn v. Elwyn (229 A.D. 2d 654)- judgment of Supreme Court granting real estate brokerage commission affirmed; broker is procuring cause and there is a direct and proximate link between bare introduction of buyer and seller and consummation of the sale where broker remained in contact with buyer over five month period, providing buyer with information relevant to the property; broker need not be present during negotiations, especially where buyer and seller exclude broker from negotiations in an attempt to avoid paying commission.

Cutler v. Tommy Hilfiger U.S.A. (237 A.D. 2d 193)- non-jury trial awarding brokerage commission unanimously affirmed; broker established that she had shown apartment to defendant, he agreed to pay her a brokerage fee, shortly thereafter the broker indicated to him through his business agent that the apartment was available at his price and he subsequently purchased the apartment through the corporate defendant; joint and several liability was proper of the individual and corporate defendant.

First Development Corp. v. Plainview Realty Associates (194 A.D. 2d 711) summary judgment for defendant reversed, as question of fact exists whether the brokerage commission agreement required plaintiff broker to look «solely to» one co-defendant or could pursue both entities.

to appeal den., 95 N.Y. 2d 759)- where broker's original agreement was validly terminated prior to the contract that led to the subject sale, any other agreement between the parties for the payment of a brokerage commission would be governed by the Statute of Frauds and the broker's claims are barred since the broker has not alleged, in connection with the alleged subsequent agreement, the existence of some writing evidencing defendant's intention to be bound; since alleged subsequent agreement is void by reason of the Statute of Frauds, broker can not use the same alleged promises as a basis for a cause of action sounding in quantum meruit

Brown Harris Stevens Residential Sales, LLC v. Safari Development Company Ltd. (281 A.D. 2d 211)- nonjury trial judgment awarding brokerage commission unanimously affirmed; preponderance of the evidence shows that the proposed sale was not contingent upon seller's ability to consummate a like kind exchange

Currier & Lazier Agency v. Lemko Resort (199 A.D. 2d 953) complaint to recover brokerage commission dismissed; binder contemplated a more formal agreement; no proof as to subsequent stock purchase agreement that purchaser was ready, willing and able.

an MLS ® listing where the cooperating brokerage commission being offered is less than the industry member is prepared to provide their services for (including Mere Postings);

You should also be aware that even after the exclusive listing expires, you may be obligated to pay the seller's brokerage a commission if you sell your home to a person who purchases because of the licensee's actions during the time of the listing.

an exclusive listing with a brokerage that is not offering any cooperating brokerage commission; or

In 2000 an Illinois appellate court considered whether an unlicensed corporation can bring a lawsuit to collect a brokerage commission.

The Seller sought the total amount of the judgment as well as the return of the real estate brokerage commission.

A New York court has considered the appropriate punishment for an unlicensed individual receiving a real estate brokerage commission.

The Acquirer entered into a lease for the property and Insignia allegedly received a brokerage commission from this transaction.

Thus, the court affirmed the trial court's ruling in favor of the Seller, denying the Brokerage a commission.

Offering an attractive buyer brokerage commission is just as important as establishing a realistic asking price.

In Ham v. Morris, the Supreme Court of Missouri addressed a broker's claims against a seller stemming from an oral agreement regarding a brokerage commission.

Regarding the «closed door» policy, the Seventh Circuit found that Indiana law barred recovery of a brokerage commission by an unlicensed broker.

The lease obligated the owners to pay a commission based on a percentage of the rental amounts collected on an annual basis and also obligated the parties to pay the brokerage a commission based on a percentage of the sale price if the purchase option was exercised.

According to Binswanger, five years ago about 85 % of Binswanger Realty Group's non-clerical employees were paid under a brokerage commission structure.

The homeowner may think they're smart until they realize that many serious buyers prefer their own representation, which means a seller may still have to pay a buyer brokerage commission on top of the listing brokerage's fee.

Since 95 % (United States Stats, Canada won't or doesn't collect them) of the time my listing Realtor will NOT find the buyer for their own listings, why should they get 50 % of the total brokerage commission?!?!?!

The six - month listing contained a clause that gave the brokerage a commission if a buyer it had introduced bought the properties within 60 days of the listing's expiration.

The court ruled that the owners were in default of the listing agreement when it failed to pay the brokerage a commission from the sale of the property, therefore the brokerage was entitled to the award of attorney's fees, as outlined in the listing agreement.

One is the circumstance wherein Brokerage A lists a property on MLS, Brokerage B brings an offer which entitles Brokerage B to the published selling brokerage commission.

Participating brokers will have to agree to cut their brokerage commission by 35 percent, Harney says.

The only time I've seen the seller offering to pay the buyer brokerage a commission is when they're a fsbo.

When I list a house I should only be negotiating the Listing Brokerage commission and NOT the Selling Brokerage amount.

The trial court had awarded the brokerage a commission because the brokerage had fulfilled all of its contractual duties by procuring a ready, willing, and able buyer.

The higher court agreed with the sellers that the brokerage was owed commission only on the real estate portion of the deal because there was nothing in the listing agreement that awarded the brokerage a commission on the other assets.

This allows the Realtor to provide advice and recommendations free of the immediate financial pressures associated with traditional brokerage commission sales systems.

The product today offers lower brokerage commission and ensures an increased protection level, an improved premium paying termand lock - in period.

Price impact: In addition to paying brokerage commission and bid - ask spreads, the highest cost for actively managed funds is the price impact of their trades.

The cost includes any brokerage commission or «load» paid to purchase the shares.

Some are no - load funds, but nearly a third, have substantial front - end loads... Others entail the payment of a standard brokerage commission.»