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J. LISTING AGREEMENTS

Rexford Realty v. Koppler (163 A.D.2d 894) questions of fact whether new listing agreement was "renewal" of prior agreement and whether 60 days protection period is applicable.

2. Century 21 A.L.P. Realty v. Doller (170 A.D.2d 940) exclusive agency listing, verdict for broker upheld where sufficient evidence that another broker procured the buyer for the premises.

3. Laub & Co. v. Domansky (172 A.D.2d 289) exclusive right to lease enforced against lessor. "Hard bargaining" regarding terms is permitted. Proper for plaintiff to negotiate commission with lessor despite exclusive brokerage agreement with tenant, as this agreement expressly permitted plaintiff to seek commission from lessor.

4. Stephen Hirshon, Ltd. v. Coffey (260 A.D.2d 465) - summary judgment dismissing broker’s complaint against buyer affirmed; broker’s listing agreement with seller expired prior to the time seller and buyer entered into sale transaction; broker fails to offer sufficient evidence to raise triable issue of fact regarding whether buyer engaged in negotiations while the listing agreement was still in effect, or whether buyer and seller engaged in conduct which was designed to avoid the payment of a commission.

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Third quarter Legal Lines now available

The third quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers what a broker's agent actually is, the legal issues related to social media use, conditional approval for financing is not a mortgage commitment and more. Learn more

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