Brokerage—Broker Expended Significant Effort Locating Apartment For Buyers Who Abandoned the Transaction and Purchased Another Apartment In the Same Building 18 Months Later—Test for Determining Whether Broker Was the “Procuring Cause” of a Real Estate Transaction.
The issue in this case was whether the plaintiff broker (broker) had alleged facts “sufficient to establish its entitlement to a commission on the sale of real estate, where it expended significant effort locating an apartment for buyers who abandoned the transaction and purchased another apartment in the same building 18 months later.” The court also clarified “the standard by which a broker may be found to have been the ‘procuring cause’ of a real estate transaction.” The court found that the complaint sufficiently alleged that the plaintiff had been “a direct and proximate link between the introduction of defendant buyers and the seller and the consummation of the transaction to withstand defendants” motion to dismiss.”
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