Is a broker entitled to a commission if they produce a buyer ready, willing and able?
MultiRegion, United States of America
The following excerpt is from ATLAS STEAMSHIP CHARTERING CORP. v. Dillingham Corp., 454 F.2d 440 (2nd Cir. 1972):
The majority affirms the dismissal of plaintiff's claim on the ground that there were no "facts from which a jury might have concluded that a sale had been consummated." But a broker who produces a buyer ready, willing, and able to perform is entitled to a commission whether or not a sale has been consummated. Wagner v. Derecktor, 306 N.Y. 386, 390, 118 N.E.2d 570 (1954); Hecht v. Meller, 23 N.Y.2d 301, 305, 296 N.Y.S.2d 561, 244 N.E.2d 77 (1968).
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