Legal Question in Real Estate Law in New York

I am a real estate agent in NY. I have a seller who decided she doesn't want to sell her house a week before the scheduled closing. Is there a legal precedent stating that commission is due to me, (even without proving that the buyer was ready, willing and able) due to the fact that she defaulted on the contract?

Asked on 8/02/12, 11:25 am

1 Answer from Attorneys

Christopher Mitchell Law Offices of Laurence Kramer, PLLC

A lot depends on the listing agreement in place between the seller and yourself or your agency. In New York state a commission is actually deemed as earned once a Contract of Sale is executed by both parties. So legally, you may already have recourse. Irrespective of this and practically speaking, it is rare if ever that an agent collects the commission without an actual closing and transfer of title.

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Answered on 8/07/12, 7:30 am

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