COLDWELL BANKER v. REAL ESTATE COM'N


242 N.J. Super. 354 (1990)

576 A.2d 938

COLDWELL BANKER RESIDENTIAL REAL ESTATE SERVICES, INC. AND GERALD A. MILLS, PLAINTIFFS-APPELLANTS, v. NEW JERSEY REAL ESTATE COMMISSION AND DARYL G. BELL, DEFENDANTS-RESPONDENTS. IN THE MATTER OF COLDWELL BANKER BEST BUYER AND BEST SELLER PROGRAM.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1990.


Attorney(s) appearing for the Case

Marguerite M. Schaffer argued the cause for appellant Coldwell Banker Residential Real Estate Services, Inc. (Shain, Schaffer, Rafanello & Blumenstyk, attorneys, Marguerite M. Schaffer and Richard H. Beilin on the brief).

Sarah T. Darrow, Deputy Attorney General, argued the cause for respondent New Jersey Real Estate Commission (Robert J. Del Tufo, Attorney General, attorney, Michael R. Clancy, Assistant Attorney General, of counsel and Sarah T. Darrow on the brief).

Richard E. Shapiro, Director of Public Interest Advocacy, argued the cause amicus curiae for the Department of the Public Advocate (Robert S. Smith, Jr., Acting Public Advocate, attorney, Richard E. Shapiro on the brief).

C. Keith Henderson argued the cause amicus curiae for the New Jersey Association of Realtors (Lautman, Henderson, Mills & Wight, attorneys, C. Keith Henderson of counsel, C. Keith Henderson and Richard H. Mills on the brief).

Before Judges DEIGHAN, R.S. COHEN and BROCHIN.


The opinion of the court was delivered by COHEN, R.S., J.A.D.

This matter is here for the second time. It involves the question whether plaintiffs' proposed discount coupon promotion program is legally permissible. The New Jersey Real Estate Commission ruled that it was not. We affirm.

Plaintiff ("CB") is a real estate broker, wholly owned by Sears Roebuck. In 1983 it inquired of the Commission whether a described promotional program would be lawful. The Commission...

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