Phillippe v. Shapell Industries, Inc.

Opinion

EAGLESON, J.

A jury found in favor of plaintiff, a licensed real estate broker, in his action to recover a broker’s commission from defendant, a real property buyer. Defendant appeals. The primary issue before us is whether a licensed real estate broker may assert equitable estoppel against a statute of frauds defense in an action by the broker to recover a real estate commission.

We conclude that a licensed real estate broker cannot invoke equitable estoppel to avoid the statute of frauds unless the broker shows actual fraud. To decide otherwise would be contrary to nearly unanimous…