Case Law Summaries

Almeida Real Estate Associates v. Baijnath

BROKERS; COMMISSIONS—A broker that does not comply with the statute of frauds is not entitled to an award for quantum meruit damages.

• Opinion Date: August 4, 2000
• Real Property Law

The Levey Companies, Inc. v. Odd-Job Acquisition Corp.

BROKERS; COMMISSIONS—A broker’s customer may be directly liable for unpaid commissions to a sub-broker or co-broker under an exclusive brokerage agreement.

• Opinion Date: May 31, 2000
• Real Property Law

Taylor v. Ribeiro

BROKERS; COMMISSIONS—If a broker resells a house after the original buyer breaches a sales contract, the commission earned on the second sale is a factor in determining damages payable by the breaching buyer.

• Opinion Date: March 21, 2000
• Real Property Law

Sadri Realty v. McCort

BROKERS; COMMISSIONS—A tenant that agrees to pay a rental commission upon moving into a particular apartment is still obligated to pay the commission if, after the broker rejects the tenant’s application because of credit concerns, the tenant negotiates directly and moves in.

• Opinion Date: February 23, 2000
• Real Property Law

Steen Outdoor Advertising, Inc. v. State of New Jersey

BILLBOARDS—The Department of Transportation has broad authority to interpret statutes and its own regulations.

• Opinion Date: July 13, 2000
• Real Property Law

Cape Savings Bank, SLA v. Fadael

BANKRUPTCY; LIENS—Even if a debt is discharged in bankruptcy and the associated lien is discharged one year later under state law, the surplus proceeds from a foreclosure belong to lien creditors if the sale took place before the discharge.

• Opinion Date: February 25, 2000
• Real Property Law

In re Trabal

BANKRUPTCY; DEFAULT; CURE—A mortgage need not make express reference to a lender’s right to collect miscellaneous charges and interest thereon from a bankrupt estate; those charges are part of the debt that a chapter 13 debtor must cure in order to reinstate its mortgage if the mortgage describes them as part of the secured debt and they are allowed by state law.

• Opinion Date: September 13, 2000
• Real Property Law

In re Mendez

BANKRUPTCY; ANTI-MODIFICATION—Collateralizing a mortgage loan with rents, fixtures, condemnation proceeds, and appurtenant easements does take the mortgage out of the anti-modification provision of bankruptcy chapter 13 because they are considered to be part of the real estate.

• Opinion Date: November 8, 2000
• Real Property Law

Genty v. Chirichillo

AUCTIONS—When a seller reserves the right to reject auction bids, the sale is not “without reserve.” Merely authorizing property to be listed for bidding purposes with an auctioneer does not conclusively bind the owner to a subsequent contract of sale.

• Opinion Date: May 8, 2000
• Real Property Law

Barish v. Dilworth Paxson LLP

ATTORNEYS; MALPRACTICE—An attorney’s unexpected and unexplained failure to appear at a closing or otherwise acting to save a client from a bad real estate deal constitutes legal malpractice.

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