ERA Pat Demarais Associates, Inc. v. Alexander Eastman Foundation

The plaintiff seeks to recover a broker’s commission for real estate sold by the defendant. The defendant moved for summary judgment, on the dual grounds that the New Hampshire Real Estate Commission rules require broker’s listing agreements to be in writing and that the plaintiff had failed to produce any evidence that the defendant had created a brokerage relationship in writing or otherwise. The Superior Court (Temple, J.) granted summary judgment for the defendant. We affirm.

The defendant owned and operated a hospital in Derry. The transaction that underlies the plaintiff’s claim is the…