RENEE DESPINS REALTY INC. v. ROBERTS


1 A.D.3d 211 (2003)

767 N.Y.S.2d 221

RENEE DESPINS REALTY INC., Appellant, v. MARC ROBERTS, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 18, 2003.


Plaintiff real estate broker entered into an exclusive brokerage agreement with defendant Marc Roberts, identified in the contract as the owner, providing for a 5% commission for the sale of a condominium unit at a stated price of "$525,000 or less." Payment of the commission is predicated on closing of title or a willful failure to close. Notwithstanding the three-month period granting plaintiff the exclusive right to sell, the words "Owner Buyer exception Maureen and Stewart...

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