Trylon Realty Corp. v. Di Martini

Memorandum. The general rule is that no broker’s commission is earned until the buyer and seller have reached a meeting of the minds with respect to the essential terms of the sale (Kaelin v. Warner, 27 N Y 2d 352). The exception to this rule here applicable is that the seller may not avoid payment of the commission when the transaction is terminated by his failure to perform a condition, express or implied, necessary for completion (Lane-Real Estate Dept. Store v. Lawlet Corp., 28 N Y 2d 36, 43; Levy v. Lacey, 22 N Y 2d 271, 276). Contrary to the intimation in the majority’s statement below,…