Sonnenschein v. Elliman-Gibbons & Ives

Since a broker “ ‘cannot act as agent for both seller and purchaser of property in a real estate transaction’ ” (Trylon Realty v Roth, 187 AD2d 715, 716), the central issues in this case are whether the defendant realty company, a co-broker rather than the listing broker, represented plaintiffs, the seller, or the prospective buyers, and thus what fiduciary duties, if any, were owed to any of the parties.

During the summer of 1990, plaintiffs listed their Manhattan condominium apartment for sale with Phyllis Koch Real Estate (Koch) for a discounted 5% commission. Plaintiff Irving *250Sonnenschein…