Finlay Commercial Real Estate, Inc. v. Paino

The appeal in this case is from an order of the Superior Court (Dalianis, J.) granting the defendants’ motion for summary judgment in an action by plaintiff to recover a real estate brokerage commission. The court ruled, “Finlay is a licensed New Hampshire Real Estate Broker and as such must have a written listing agreement for sale in order to recover a commission and maintain a cause of action.” Because we differ from the trial court in our view of the consequences of the lack of a written listing agreement, we reverse and remand for further proceedings consistent with this opinion.

This…