LEASING SAFELY Therefore, as the sector's trade association, we are committed to finding a way for schools to achieve the substantial savings from leasing while ensuring the contracts are straight forward and transparent and can not be altered by a finance company at
any time during the term of the lease.
Signature Realty, Inc. v. Tallman (303 A.D. 2d 925)-- if there is any doubt or uncertainty as to the meaning
of the disputed language in a brokerage agreement, all ambiguity must be resolved against the broker who prepared it; brokerage agreement was, as a matter
of law, ambiguous with respect to the issue
of whether broker would earn commissions when tenant exercised an option to renew the
lease and therefore broker is not entitled to commissions on rental payments
during any renewal
term of the
lease; broker not entitled to restitution in quasi-contract because there exists a valid and enforceable written contract governing the particular subject matter in dispute; dissenting opinion finds that the brokerage agreement is clear with respect to commissions earned and payable and that tenant was obligated to pay a commission to broker at the
time the rental payment was due and owing to landlord, including
during renewal
terms of the
lease.