Steven S. Bloom, Esq.
Cushner & Bloom, P.C.
1170 Beacon Street Brookline MA 02446
The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
Steven Bloom, Esq., is licensed to practice in the Commonwealth of Massachusetts. Steven Bloom, Esq. is also licensed to practice in the State of Rhode Island.
Our Office is located in Brookline, Massachusetts. The information provided in this Web Page Set is offered for informational purposes only; it is not offered and does not constitute legal advice.
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The information provided in this Web Page Set is offered for informational purposes only; it is not offered and does not constitute legal advice. Although we intend to keep this information current, we do not promise or guarantee that the information is correct, complete or up-to-date. You should not act or rely upon the information in this Web Page Set without seeking the advice of an attorney.
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Sellers and Buyers
The Real Estate Broker's Commission--When is the Broker Due a Commission?
According to the Massachusetts case, Tristam’s Landing v. Wait, 376 Mass. 622 (1975), a real estate broker is generally entitled to a commission from the seller only if (a) the broker procures a purchaser ready, willing, and able to buy on the terms fixed by the owner, (b) the purchaser enters into a binding contract with the owner to do so, and (c) the purchaser completes the transaction by closing the title in accordance with the provisions of the contract. However, if the failure of the completion of the contract results from the wrongful act or interference of the seller, the broker’s claim (for commission) is valid and must be paid. In a recent case, a Seller was found to owe the Broker a commission even though there was no Closing. In that case, the listing agreement between the Seller and the Broker called for a 6% commission “in the event the a buyer was procured by the broker, or seller, or anyone else in accordance with the terms of the agreement…” The Broker was required to produce a buyer “ready, willing and able” to pay the listing price ($419,000) or a lower price acceptable to seller. Seller and Buyer executed an Offer Form for an agreed upon price. A few weeks later, Buyer sought a $4,000 credit for roof repairs and the granting of a driveway easement for Buyer’s benefit. Seller refused. Buyer then stated their desire to go forward with the purchase as per the Contract to Purchase; however, Seller backed out of the signed agreement, claiming that the Buyer’s request for a credit ended the deal. Broker then sought the commission it would have earned ($24,900) had the Closing taken place. The Court found that the Offer was an enforceable contract, creating binding obligations. It contained the purchase price, description of the property, deposit requirements, title requirements, and the time and place for a closing. Seller breached the agreement when it walked away from the deal. This was a wrongful act by the Seller entitling the Broker to its commission.
Whether a Broker is owed a commission depends heavily on the facts of each case.
Phone: (617) 608-0019
Fax: (617) 608-0022