Broker Who Rented House to Tenant Not Entitled to Sales Commission When Tenant Bought House

LVT Number: #29853

Real estate broker sued homeowner for failing to pay a commission. The broker had an agreement to find a tenant for the house and that, if tenant later purchased the house, the broker would receive a commission for that. The tenant who rented the house through the broker did later buy the house without the broker's involvement. The Suffolk County court ruled for the broker, finding the brokerage agreement enforceable. The homeowner appealed and won. The brokerage agreement expired at the end of the lease term.

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NRT New York, LLC v. Brown: Index No. 2016-11246, 13027, 2018 NY Slip Op 08493 (App. Div. 2 Dept.; 12/12/18; Dillon, JP, Roman, Miller, Duffy, JJ)