B.P. VANCE REAL ESTATE, INC. v. TAMIR


42 A.D.3d 343 (2007)

839 N.Y.S.2d 494

B.P. VANCE REAL ESTATE, INC., Appellant, v. DAVID TAMIR et al., Respondents.

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

Decided July 12, 2007.


Plaintiff relies on the well-settled common-law rule that a broker who "produces a person ready and willing to enter into a contract upon his employer's terms ... has earned his commissions," even if no contract is ever signed (Tanenbaum v Boehm, 202 N.Y. 293, 299 [1911]). However, "parties to a brokerage agreement are free to add whatever conditions they may wish to their agreement, including a condition that the contract of sale actually be consummated before the...

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