Legal Opinion

Re/Max Select Realty v. DeAugustino

Pennsylvania Court of Common Pleas, Mercer County

Decided August 17, 2005No. 2005-1686PublishedCited by 1 opinion

1Opinion of the Court

ST. JOHN, J.,

This matter is before the court on defendant’s (1) petition to strike a real estate broker’s notice of lien and (2) request for counsel fees and costs. The dispute involves a broker’s right to a lien for the nonpayment of a realtor’s commission after the sale of commercial property. Two questions of first impression are presented here. First, whether a real estate broker is entitled to a statutory lien for an unpaid commission arising out of the sale of commercial property subject to a written listing agreement where the sale was not the result of the broker’s services. Second,…

2Cases cited12 opinions

  1. LaRocca EstateSupreme Court of Pennsylvania · 1968
  2. Fireman's Fund Insurance v. Nationwide Mutual InsuranceSupreme Court of Pennsylvania · 1983
  3. Merlino v. Delaware CountySupreme Court of Pennsylvania · 1999
  4. Baughman's EstateSupreme Court of Pennsylvania · 1924
  5. Hart v. O'MALLEYSuperior Court of Pennsylvania · 2001

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3Cited by1 opinion

  1. Michael Salove Co. v. Enrico Partners, L.P.Superior Court of Pennsylvania · 2011

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