Case Law Summaries

Turner v. Newark Museum

CHARITABLE IMMUNITY—Just because some participants in a charitable activity are motivated by profit or personal gain does not disqualify an otherwise qualified property owner from protection under the Charitable Immunity Act.

• Opinion Date: March 2, 2000
• Real Property Law

Notarmaso v. Goodman

BROKERS; MISAPPROPRIATION—An “inactive” real estate broker has the same status as an “unlicenced” broker for whose acts the Real Estate Guaranty Fund has no obligation to reimburse that broker’s customer for misappropriated funds.

• Opinion Date: December 7, 2000
• Real Property Law

R.A. Depetro Realty Group v. Mar Realty Associates

BROKERS; LISTING AGREEMENTS—A property management agreement that contains a provision for leasing commissions will not be set aside just because that commission provision is not limited to a definite term.

• Opinion Date: April 10, 2000
• Real Property Law

Island Realty v. Bibbo

BROKERS; LISTING AGREEMENTS—Absent a specific provision to the contrary, an owner who has signed a listing agreement may withdraw its property from the market before a buyer is produced and is liable only for contract or quantum meruit damages, not for loss of the full sales commission.

• Opinion Date: April 10, 2000
• Real Property Law

IMO Sayers v. New Jersey Real Estate Commission

BROKERS; LICENSING—Leasing activities conducted as an agent of a property owner do not qualify as activities of a salesperson under an employing licensed broker for purposes of qualifying to take the broker’s examination.

• Opinion Date: October 6, 2000
• Real Property Law

In re Pipes

BROKERS; LICENSES—The Real Estate Commission’s regulations requiring full time employment as a salesperson as a prerequisite to licensing as a broker are valid.

• Opinion Date: April 3, 2000
• Real Property Law

Phoenix Realty Group, Inc. v. Catlett

BROKERS; EXCLUSIVES—A broker under an exclusive listing agreement, as contrasted with an exclusive right to sell agreement, should always be aware that a seller might sell its property itself prior to the end of the agreement.

• Opinion Date: February 10, 2000
• Real Property Law

The Schuck Corporation v. Kajima International, Inc.

BROKERS; COMMISSIONS; STATUTE OF FRAUDS—A broker whose commission claim was barred by the statute of frauds could not collect damages from a seller by claiming that the seller interfered with an agreement between the broker and the buyer that called for the commission to be paid by that same seller.

• Opinion Date: March 3, 2000
• Real Property Law

Peter Hirschmann, Inc. v. Novick

BROKERS; COMMISSIONS—Where a broker is entitled to a commission based upon a tenant’s exercise of a purchase option, the commission is also payable when an affiliate of the tenant purchases the property outside of the lease option.

• Opinion Date: December 15, 2000
• Real Property Law

Murray v. Fisher

BROKERS; COMMISSIONS—Where it is clear that a seller and a buyer have not reached a meeting of the minds, it is not bad faith for a seller to withdraw from negotiations. In such a case, a broker is not entitled to a commission.

• Opinion Date: November 3, 2000
• Real Property Law