Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order
of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence
of an agreement to the contrary, the broker's right to a commission is not contingent upon performance
of the underlying
real estate contract, receipt by the seller
of the
sale price, transfer
of title, or even a formal execution
of a legally enforceable
sales contract; seller could not utilize the provisions
of a subsequently executed
sales contract
wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions
of the listing agreement as such language was contained in the contract
of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type
of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission