Busch v. Eisin

Brokers instituted an action against sellers to recover a real estate commission. In their complaint, brokers alleged that they were entitled to such commission under the terms of a listing agreement. The trial court dismissed brokers’ complaint, finding that since their right to a commission was expressly conditioned upon the sale of sellers’ property, and since the sale was not consummated until after the expiration of the listing period, brokers were not entitled to a commission.

On appeal, brokers argue that the trial court erred in determining that the property was “sold” upon closing…