Legal Opinion

Petrosky v. Peterson

Supreme Court of Delaware

Decided September 28, 2004No. 479,2003PublishedCited by 19 opinions

1Opinion of the Court

BERGER, Justice.

In this appeal, we consider whether a real estate broker should be compensated for services performed in obtaining a long-term lease when the broker’s listing agreement addressed only a sale of the property in question. The Superior Court held that, because a Delaware Real Estate Commission regulation requires all listing agreements to be in writing, the broker could not recover under a claim that the parties orally modified the agreement, or quantum meruit. We disagree. Under the facts of this case, where the long-term lease expressly recognizes the broker’s entitlement to…

2Cases cited2 opinions

  1. Eastern Commercial Realty Corp. v. FuscoSupreme Court of Delaware · 1995
  2. Amato & Stella Associates, Inc. v. Florida North Investments, Ltd.District Court, D. Delaware · 1988

3Cited by19 opinions

  1. Advanced Paving Services, LLC v. Metra Industries, Inc. v. Artesian Water Co., Inc.Superior Court of Delaware · 2026
  2. Atlantic Basin Refining, Inc. v. JP Energy Partners, LPDistrict Court, Virgin Islands · 2018
  3. Carbon Crest LLC v. Tencue Productions, LLCDistrict Court, N.D. California · 2020
  4. Cellular Telephone Company Litigation casesCourt of Chancery of Delaware · 2024
  5. Edgar v. Troy Holdings, IncSuperior Court of Delaware · 2025

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