Legal Question in Civil Litigation in New York

LL refuses to sign my commission agreement after signing the lease and now wants to change terms. whose terms have precedence?

I'm a licensed broker introduced and negotiated a commercial lease. During negotiations I sent the landlord my commission agreement to the landlord but he never responded nor objected it although i asked him several times to send it back signed. He ended up signing the lease with my client and client moved in.

Now, the landlord is objecting to my terms and refuses to pay according to my contract, further more he will pay what he wants providing i sign a waiver.

How will this play out in court? whose terms does the law recognize in such a dispute?

lets put aside contract law � 5-701 -10 where a written contract is not necessary. lets assume there is a written contract on the amount where the law requires it. what will happen if there is a dispute on the terms? whose terms will prevail? when someone does a service and a price was agreed, now it comes pay time, who has th right how it should be paid , under what terms?


Asked on 9/09/14, 11:36 am

2 Answers from Attorneys

There is no telling how this is might play out in negotiations or in court, but you have rights to enforce your brokerage efforts whether subject to the agreement or, for example, under the theory of quantum meruit.

If the LL is playing hardball you should consider doing the same. Initially you can have an attorney send a strong demand letter to the LL. The demand letter is not an expensive proposition and would indicate to the LL that you are serious about this.

Ping me offline

Roman R. Fichman, Esq.

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Answered on 9/09/14, 12:05 pm
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Real Estate contracts have to be in writing, inclusive of brokerage agreements (Statute of Frauds). Your action against the landlord is premised on Equitable Relief as well as Unjust Enrichment. Only you can determine if the landlord's offer is fair, considering the standards of industry in the City/County where you conduct business. You may do some background check on him to discover his reputation in the business world. Call me if you decide to proceed by the litigation route, rather than sit and sulk.

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Answered on 9/09/14, 12:28 pm


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