Brokerage Firm Not Entitled to Unearned Sales Commission

Nativ Winiarsky, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, saved a client hundreds of thousands of dollars and successfully demonstrated that a brokerage firm is not always entitled to a claimed sales commission. In Miron Properties, LLC v Eberli the Court ruled that the Commission Agreement did not clearly provide an exclusive brokerage and that since the broker did not significantly contribute meaningfully to the transaction and that the defendant was not as the broker claimed an agent of the daughter’s company, the actual purchaser.