Unpublished Opinions for the Week of August 14, 2017


New Jersey Law Journal


11-2-3945 Markeim-Chalmers, Inc. v. Willingboro Urban Renewal, LLC, N.J. Super. App. Div. (per curiam) (36 pp.) Defendant sought a new tenant for its property. Plaintiff's open listing agreement with defendant provided for a five percent commission if a "sale or exchange" occurred before a specified date and the prospective buyer had been "registered" with defendant. The parties' "lease commission agreement" required defendant to pay a commission if the property was leased to a "registered" third party by a specific date. Plaintiff "registered" a potential buyer with defendant, buyer negotiated directly with defendant, plaintiff's listing agreement expired, defendant and buyer formed a limited liability company which leased the property for 99 years and LLC then subleased the property after the open listing and lease commission agreements expired. Plaintiff argued it was entitled to commissions under the open listing commission and the lease commission. Defendant asserted plaintiff's commission was only due on a sale, which did not occur. The court agreed with the trial court that the 99-year lease was effectively a sale and triggered the commission but remanded the calculation of the commission. Plaintiff was not entitled to a sublease commission because both commission agreements expired before the sublease occurred but plaintiff's unjust enrichment, civil conspiracy and tortious interference claims required remand.

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