Based on subsequent written notifications, Monopoly Realty and World Business Brokers signed a co-brokerage agreement for the sale of the property. The short written agreement stipulated that the world`s business brokers received half of all commissions Monopoly Realty earned by selling the relevant real estate. As the only consideration for the deal, the world`s business brokers provided information to Monopoly Realty that the property was for sale. Representatives of both parties should agree in advance to the co-brokerage commission, taking into account their obligations to act in the best interests of their respective clients. The sharing of commissions for a real estate transaction is exclusively an agreement between the two agents. It is a proactive way to track the sale of a property. One broker delivers an exclusive offer from the seller and the other brings the customer. The selling real estate agent has his written exclusivity agreement with the owner who gives the authorization and requires him to distribute it to other real estate agents in New York, if he is a member of the Real Estate Board of New York (REBNY). The court found that the agreement was written and appeared to reflect the entire agreement between the two officers. He adds: “If the parties voluntarily state their commitment in writing, so that they give a legal obligation without any uncertainty as to the purpose or extent of their commitment, they have conclusively assumed that the whole undertaking and the scope and manner of their undertaking are contained in the writing… No other language is allowed to show what they thought or what they heard… The division of the commission is only permitted for real estate transactions for which only one party receives a commission. For example, the buyer`s representative may collect a commission from the seller`s representative on the sale of a property in which only the seller`s representative receives a commission, since the buyer has not paid a commission. If the buyer`s representative already receives a commission from his client, he cannot collect a co-brokerage fee from the seller`s agent.
Many might think that the court`s decision is too inflexible by applying a strict construction approach in the interpretation of contracts and ignoring the reality of co-brokerage agreements, i.e. that there is an implication, that each party would put its own weight. In reversing this involvement, the court left the agreement they had reached, verîtes and everything. If a representative representing the tenant is invited by the lessor to manage the property, the broker may enter into a business contract with the owner to manage the property and collect an administration fee for its services. Nothing in the agreement imposed a duty on the world`s business brokers to have a listing or to respond in the affirmative to an action. After providing the information that the property was for sale, World Business Brokers fulfilled the conditions of the particular business agreement. The parties were then bound by their contract. Then the brokers shared the commission.