Date: April 29, 2024Attorney: Lawrence C. Weiner

Congratulations to Lawrence C. Weiner, Esq., a partner in the firm’s commercial litigation department on a victory in a contentious commercial real estate brokerage dispute. Lawrence represented a prominent developer. The client was developing a large shopping center. A broker expressed interest on behalf of a national supermarket chain and sent a letter of intent memorializing its interest in buying a pad in the development. No commission agreement was ever executed by the developer. The property was later sold to another developer who ultimately entered a ground lease with the supermarket chain for a different pad at the property. Broker then sued. Relying on the Statute of Frauds, which requires that to be entitled to a brokerage commission, there generally must be a written agreement entered into between the parties, Lawrence was able to convince the court appointed arbitrator that the broker had no valid claim to a commission. The arbitrator entered a “no-cause” award. In lieu of then proceeding to filing a motion for summary judgment and/or trial, Lawrence was able to resolve the matter for a nominal, nuisance value amount.

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