Tobias v. Comco/America, Inc.

The opinion of the Court was delivered by

POLLOCK, J.

The narrow question presented on this appeal is whether plaintiff, a licensed real estate broker, can recover a commission under N.J.S.A. 45:15-3 when the salesman in her employ, her husband, was unlicensed at the time he performed substantial services leading to the sale that is the basis for the commission.

The trial court granted defendants’ motion for summary judgment dismissing the complaint. The court held that the statute does not permit a licensed broker to recover a commission based on a sales contract that resulted largely from an…