This decision followed a non-jury trial of a breach of contract action arising from a dispute over commissions between two real estate agencies, i.e., a co-brokerage dispute.

Both plaintiff and defendant are licensed real estate brokers. The contract for sale of the subject real property (property) and a co-brokerage agreement (contract) signed by the parties had been entered into evidence. The purchaser of the property (purchaser) testified that he had asked the plaintiff to “find information on the property including the comps, covenants, and restrictions so that he could better evaluate the overall value of the property.” Although he preferred to deal “principal to principal” when purchasing property, principals were unavailable.