Suburban Realty, Inc. v. Albin

The plaintiff, Suburban Realty, Inc., brought suit to recover a real estate broker’s commission from the defendant, Ted Albin, pursuant to an alleged oral listing agreement. The Superior Court (O’Neil, J.) granted the defendant’s motion to dismiss on the ground that the lack of a written listing agreement barred the plaintiff’s recovery under New Hampshire Administrative Rule Rea 404.05 (Rule 404.05). The plaintiff now appeals.

The only issue raised in this appeal is whether the New Hampshire Real Estate Commission exceeded its statutory authority in promulgating Rule 404.05. For the reasons…