Brokerage—Written Agreement Lacked Essential Terms—Merger Clause Precluded Prior Oral Agreement—Buyer’s Broker Breached Fiduciary Duty by Competing for Purchase of Property and Forfeited Right to Commission—Absent Bad Faith, If Parties Abandon a Proposed Purchase/Sale, and Later Renew Negotiations and a Sale Occurs at a Lesser Price, No Commission Earned if Broker Was Not the Procuring Cause—Generally, Mere Introduction of Property, Does Not, Without More, Justify a Commission—Broker Did Not Create “An Amicable Atmosphere In Which Negotiations Proceeded or Generate a “Chain of Circumstances That Proximately Led to the Sale So As to Be the Procuring Cause of the Sale”
A plaintiff real estate broker (broker), who also owned a management company, sued a purchaser (buyer) for breach of a brokerage agreement, a confidentiality agreement and an agreement to award the broker a management contract. The court granted the defendants’ motion for summary judgment and dismissed all causes of action.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
