Tammaro v. Davis

A-4683-97T5 (N.J. Super. App. Div. 1999) (Unpublished)
  • Opinion Date: April 22, 1999

BROKERS; AGREEMENTS—A co-owner that does not sign the brokerage agreement for a property to be sold is not liable for the commission.

A property owner sued three real estate brokers and his about-to-be-divorced spouse for half of a brokerage commission which had been paid to the brokers for selling a jointly owned home. The property owner alleged that only his spouse had signed the brokers’ commission agreement, therefore he was not responsible for any part of their commission. The lower court agreed. The Appellate Division upheld the lower court ruling, even though it pointed out that the lower court could have ordered the husband to sign the commission agreement in the first place.