Legal Question in Real Estate Law in New York

commission
Is there case law re a situation where in New York City a landlord refuses to pay part or all of the commission due to a commercial broker for the leasing of a space because the tenant is ultimately evicted by the landlord? In this situation there was no written brokers agreement. After the lease was signed and executed, the landlord told the broker to submit his invoice...there was no dispute as to the amount due...both parties agreed to 4 installment payments...after a year the landlord seeks to and actually does evict the tenant for being tardy on paying his rent...at this time 1/2 the commission is still owed to the broker...however the landlord refuses to pay the balance. Is there case law available regarding this issue. I am the broker. My position is that my commission was earned and payable on the execution of the lease.

Asked on 5/07/09, 11:06 pm

John Harwick, Esq. Hacker Murphy, LLP (www.hackermurphy.com)

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Re: commission

I believe your commission was earned and payable when the lease was signed. Feel free to contact me for more information.

Answered on 5/08/09, 7:21 am

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