Legal Opinion

Sonnenschein v. Douglas Elliman-Gibbons & Ives

New York Court of Appeals

Decided July 2, 2001PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

Once oral negotiations have commenced between a seller and a potential purchaser concerning a real estate transaction, does the brokerage firm that produced the potential purchaser owe the seller a duty to refrain from showing the potential purchaser additional properties? We hold that it does not.

Plaintiffs Irving and Martha Sonnenschein purchased a condominium apartment in a building in Manhattan in 1989 but never resided there. Instead, they immediately listed the apartment for resale on an exclusive basis with Phyllis Koch Real Estate, agreeing to pay Koch a…

2Cases cited8 opinions

  1. Wendt v. FischerNew York Court of Appeals · 1926
  2. Northeast General Corp. v. Wellington Advertising, Inc.New York Court of Appeals · 1993
  3. Dubbs v. Stribling & AssociatesNew York Court of Appeals · 2001
  4. McEvoy v. GinsbergMassachusetts Supreme Judicial Court · 1963
  5. Foley v. MathiasSupreme Court of Iowa · 1930

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3Cited by16 opinions

  1. 106 N. Broadway, LLC v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2020
  2. Rivkin v. Century 21 Teran Realty LLCCourt of Appeals for the Second Circuit · 2007
  3. Reiser, Inc. v. Roberts Real EstateAppellate Division of the Supreme Court of the State of New York · 2002
  4. Rivkin v. Century 21 Teran Realty LLCNew York Court of Appeals · 2008
  5. Douglas Elliman LLC v. TretterNew York Court of Appeals · 2012

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