Subscribe to Guide
No Result
View All Result
Hamptons.com
  • Spotlight Magazine
  • Lifestyle
    • Featured
    • Entertainment
    • Arts
    • Community
    • Dining
    • Recreation
    • Trending
  • Events
    • Events Calendar
    • Post an Event
    • Gallery
  • Real Estate
    • Real Estate Features
    • Search Real Estate
      • Open Houses
      • Search Sales
      • Search Rentals
    • Title Insurance
    • Happening In The Hamptons Podcast
  • Live Cameras
    • All Live Cameras
    • Live Weather Cams
    • Amagansett, Atlantic Avenue Beach
    • Bridgehampton, West Scott Cameron Beach
    • East Hampton Village, Main Beach
    • East Hampton Village, Main Street
    • East Hampton Village, Newtown Lane
    • Hampton Bays, Ponquogue Beach
    • Hampton Bays, Ponquogue Bridge
    • Hampton Bays, Shinnecock Fishing Dock
    • Hampton Bays, Tiana Beach
    • Long Island Aquarium | Coral Reef
    • Long Island Aquarium | Penguins
    • Long Island Aquarium | Shark Tank
    • Montauk, Downtown Circle
    • Montauk, Lars Simenson Skatepark
    • Montauk, Gin Beach & Inlet
    • Montauk, Sunset Beach & Inlet
    • Sagaponack, Sagg Main Beach
    • Sag Harbor, Foster Memorial Beach
    • Sag Harbor, Long Wharf Marina
    • Sag Harbor, Main Street (South)
    • Sag Harbor, Sag Harbor Bay
    • Sag Harbor, Windmill Beach & Bay
    • Shelter Island, South Ferry
    • Southampton, 39A to Montauk Hwy Merge
    • Southampton, Conscience Point Marina
    • Southampton Village, Coopers Beach
    • Southampton Village, Main Street (South)
    • Southampton Village, Main Street (North)
    • Southampton Village, Main Street (Hildreths)
    • Westhampton Village, Main Street (East)
    • Westhampton Village, Rogers Beach
  • Public WiFi
    • Public WiFi Map
    • Public Wi-Fi Support
  • Spotlight Magazine
  • Lifestyle
    • Featured
    • Entertainment
    • Arts
    • Community
    • Dining
    • Recreation
    • Trending
  • Events
    • Events Calendar
    • Post an Event
    • Gallery
  • Real Estate
    • Real Estate Features
    • Search Real Estate
      • Open Houses
      • Search Sales
      • Search Rentals
    • Title Insurance
    • Happening In The Hamptons Podcast
  • Live Cameras
    • All Live Cameras
    • Live Weather Cams
    • Amagansett, Atlantic Avenue Beach
    • Bridgehampton, West Scott Cameron Beach
    • East Hampton Village, Main Beach
    • East Hampton Village, Main Street
    • East Hampton Village, Newtown Lane
    • Hampton Bays, Ponquogue Beach
    • Hampton Bays, Ponquogue Bridge
    • Hampton Bays, Shinnecock Fishing Dock
    • Hampton Bays, Tiana Beach
    • Long Island Aquarium | Coral Reef
    • Long Island Aquarium | Penguins
    • Long Island Aquarium | Shark Tank
    • Montauk, Downtown Circle
    • Montauk, Lars Simenson Skatepark
    • Montauk, Gin Beach & Inlet
    • Montauk, Sunset Beach & Inlet
    • Sagaponack, Sagg Main Beach
    • Sag Harbor, Foster Memorial Beach
    • Sag Harbor, Long Wharf Marina
    • Sag Harbor, Main Street (South)
    • Sag Harbor, Sag Harbor Bay
    • Sag Harbor, Windmill Beach & Bay
    • Shelter Island, South Ferry
    • Southampton, 39A to Montauk Hwy Merge
    • Southampton, Conscience Point Marina
    • Southampton Village, Coopers Beach
    • Southampton Village, Main Street (South)
    • Southampton Village, Main Street (North)
    • Southampton Village, Main Street (Hildreths)
    • Westhampton Village, Main Street (East)
    • Westhampton Village, Rogers Beach
  • Public WiFi
    • Public WiFi Map
    • Public Wi-Fi Support
No Result
View All Result
Hamptons.com
September 29, 2016

Can A Real Estate Broker Be Entitled To A Commission If The Client Buys A Different Property From The One He Shows The Buyer?

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

In our last article, we drew on a court ruling that demonstrated how a seller/client may be obligated to pay a broker’s commission absent a written listing agreement, (employment contract), with the seller. In this article, we examine whether a broker who represents a buyer may be entitled to a commission even if the buyer buys a different property than the one shown to them by the broker, again, absent a written employment contract between the broker and buyer. For the answer, we look to the Manhattan case, SPRE Realty, Ltd. V. Dienst, May 20, 2014, Appellate Division, Supreme Court. The lower court ruling in favor of the broker took place on October 1, 2013.

The Appeals Court stated the following: “In this appeal, we must determine whether the plaintiff broker has alleged facts sufficient to establish its entitlement to a commission on the sale of real estate, where it expended significant effort locating an apartment for buyers who abandoned the transaction and purchased another apartment in the same building 18 months later.” It further stated: “In addition, we take this opportunity to clarify the standard by which a broker may be found to have been the ‘procuring cause’ of a real estate transaction.”

The court determined that the buyers retained the broker to help them purchase a luxury residence in Manhattan. It further determined that even though the parties did not have a written agreement, they did have an understanding that the broker would receive a commission after finding them a residence that met their expectations. The broker showed the buyers several residences in Manhattan over the next 18 months, and around October 2007, showed them a condominium unit under construction. After the buyers expressed an interest in the unit, the broker brought them to meet with the developer, and the broker negotiated terms of the purchase on the buyer’s behalf. The agreement was for two units for $11.5 million. A contract exchanged between the two attorneys representing the seller and buyer contained the same terms as negotiated by the broker. The broker searched for architects who could meet the buyers’ design requirements and subsequently arranged a meeting with an architect and the developer at the buyers’ summer home in Sag Harbor. In late August 2008, the buyers changed their minds and said they were no longer in the market for a new home. A few months later, according to the court, the broker contacted the buyers to inquire if they had any renewed interest in purchasing a home but did not receive a response. The court further stated that the broker continued “in good faith” to assist the buyers in their search for a commercial property to be used as an antique store. They repeatedly confirmed they were no longer seeking to purchase a residence and had no interest in the building where the unit they originally agreed to purchase was located. Despite these assurances, in February 2010, they purchased a different pair of units in the same building. The broker filed a lawsuit for a commission in May 2013 for breach of an implied contract and unjust enrichment on the part of the buyers. The buyers countered that they never signed a contract of sale for the first units, and the broker was not involved in the purchase of the units they did buy.

The court disagreed. It stated, in part: “A broker may be entitled to a commission where the buyer authorizes the broker to submit an offer to the seller but subsequently fails to execute or arbitrarily refuses to enter into a contract of sale.” The court also said: “Even if SPRE [the broker] is unable to prove that it was the procuring cause, it may be able to prove that the defendants [buyers] terminated its activities in bad faith and as a mere device to escape the payment of the commission.” The court also gave credit to the broker’s contention that the units the buyers ultimately purchased were “substantially identical” to the units that the broker had procured for them.

On May 20, 2014, the Appellate Court unanimously upheld the lower court’s decision of the October 1, 2013 ruling in favor of the broker with costs.

While in the past, it has been most common for real estate brokers to represent sellers, this is changing. It has now become, even in the Hamptons real estate market, more common for brokers to represent buyers.

Sign up for our weekly newsletter!

Get the top Hamptons events and latest scoop!

What's Happening in the Hamptons

Related Posts

Just Completed New Construction- Furnished, Pool House & Tennis
Real Estate

Just Completed New Construction- Furnished, Pool House & Tennis

August 5, 2025
East Hampton New Construction By Paramount Development Group
Real Estate

Hamptons Real Estate Market Data – Week of 7/29/2025

August 5, 2025
Saunders & Associates X Hampton Coffee Company: The Ultimate Summer Open House
Real Estate

Saunders & Associates X Hampton Coffee Company: The Ultimate Summer Open House

August 5, 2025

Search Articles

No Result
View All Result

LOCAL EVENTS

Events

07
Aug
07
Aug
-
07
Aug

DanceBody at The HUB

August 7 @ 09:00 AM - August 7 @ 11:00 AM
The HUB 2183 Montauk Highway Bridgehampton, NY 11932
07
Aug
07
Aug
-
07
Aug

Toddler & Teeny Tumbling (ages 18mos – 3yrs)

August 7 @ 09:15 AM - August 7 @ 10:00 AM
44 Meadow Way East Hampton, NY 11937
07
Aug
07
Aug
-
07
Aug

UJA-Federation of New York’s Annual Hamptons Trunk Show

August 7 @ 10:00 AM - August 7 @ 03:00 PM
Bridgehampton Historical Society Museum
07
Aug
07
Aug
-
10
Aug

Dooz Pop-Up Shop

August 7 @ 11:00 AM - August 10 @ 06:00 PM
LDV at The Maidstone, Garden Retail Cottage | 207 Main Street, East Hampton NY
07
Aug
07
Aug
-
07
Aug

East Hampton Historical Society to Host 9th Annual Summer Design Luncheon Benefit

August 7 @ 11:00 AM - August 7 @ 12:30 PM
Maidstone Club 50 Old Beach Lane, East Hampton NY 11937
Load more listings
Next Post
This Topic Has Legs And Knows How To Use Them

This Topic Has Legs And Knows How To Use Them

  • On Tuesday, July 22nd, Olympic gold medalist Kerri Walsh Jennings hosted a charity Hampton Volley Tournament at Kirk Park Beach in Montauk. The tournament featured eight dynamic teams, uniting elite professional athletes, local lifeguards, and community members. Net proceeds from the tournament will go to the Hampton Lifeguard Association and P1440 Foundation, aiming to unite, empower, and inspire through the transformative sport of beach volleyball. ⁠
⁠
Simultaneously, a VIP gifting suite and lounge at Hero Beach Club in Montauk kept the momentum going with music by Rachel Winters and Ana Boo. To mark the special occasion, guests were treated to Hammitt bags with Montauk Tattoo personalized leather bag tags. In true VIP fashion, drinks flowed all throughout the day, compliments of Tito’s, Saint Spritz, Avaline, and Montauk Brewing Company. ⁠
⁠
Check out the complete gallery at Hamptons.com (Link in Bio)⁠
⁠
📸: Photography by Daniel Rahal⁠
⁠
@kerrileewalsh  @hamptonlifeguardassociation @p1440foundation⁠
@herobeachclub @hammittla @montauktattoo @titosvodka @saintspritz @drinkavaline @montaukbrewco⁠
,⁠
,⁠
#kerriwalshjennings #volley #hamptons #montauk #lifeguards
  • Montauk has a new hospitality gem: Mary Lou’s Montauk. The high-energy, design-forward concept that blends coastal dining with a sense of playful excess. Mary Lou’s offers nightly dinner service, a full cocktail lounge and weekend music programming that blends nostalgic vibes with fresh energy.⁠
⁠
After launching in Palm Beach, the team behind Mary Lou’s, Alex Melillo, Joe Cervasio, and Topher Grubb, are bringing the vibe north, teaming up with NDT Development to open a new outpost at 474 West Lake Drive.⁠
⁠
Alex Melillo, co-founder of Mary Lou’s, shared about the origins of the concept, why Montauk was the next natural step and what guests can expect from this summer’s new venue.⁠
⁠
Can you walk us through the journey of how the idea for Mary Lou’s came to life?⁠
⁠
The idea for Mary Lou’s was born out of a genuine love for creating lasting memories and shared experiences. We’ve always admired the golden era of New York’s nightlife – when people went out to truly let go, to dance without restraint, and to enjoy the moment without ego. There was a certain magic back then, a raw energy that felt authentic and uninhibited.⁠
⁠
Read the full article at Hamptons.com (Link in Bio)⁠
.⁠
.⁠
.⁠
.⁠
.⁠
#marylousmontauk #marylous #dining #montauk #hamptons
  • “Tonight is our most successful benefit ever!” said Louis Bradbury, LongHouse Reserve Board President, “We’re grateful for our co-chairs Gael Towey and Raisa Lopez-Rhoden, for their incredible leadership in bringing tonight to life.” For this special evening, themed, “LUMINOSITY’, the 16-acre sculpture garden and nature sanctuary lit up with vibrant colors, live music, community love, and lots of laughter. “With 100% board participation, our benefit sold out before invitations were ever sent!“, continued Bradbury, “How many of you have come to LongHouse more than once in a year? Have you seen the four seasons here? Daffodils, cherry blossoms, and azaleas in Spring; lush green of Summer; brilliant Autumn leaves, and spectacular snowdrops and witch hazel in Winter. Tonight, we come together in gratitude for all of it.”⁠
⁠ 
Check out the full gallery at Hamptons.com

📸: BFA, Patrick McMullan/PMC/PMC, Alex Marcano⁠
⁠
#hamptons #longhousereserve #benefit #luminosity #sculpture #music #garden #nature #easthampton #longhouse #thehamptons #summer #celebration #hamptonsummer #longisland
  • Classes are offered all summer long. Sign up on the Wolffer website to enjoy yoga or Pilates.

#wölffer #yoga #winestand #vineyard #hamptonsstyle
  • Can’t Forget Your QUAYS @quayaustralia @montaukyachtclub⁠
⁠
(It’s pronounced “key”—and just as essential.)⁠
⁠
As summer hits its stride, QUAY Eyewear brought the heat to Montauk Yacht Club with a picture-perfect Hamptons weekend – step-and-repeat hosted by the @tiffbaira, DJ, Caviar + Oyster Bars, cocktails, and of course exclusive giveaways from the Montauk Edit. The event celebrated QUAY’s summer-long collaboration at Montauk Yacht Club and cemented the brand’s place as a rising staple on the East End.⁠
⁠
Simply, QUAY makes trend-forward designer eyewear for any moment or mood, and at a price that encourages adventures.⁠
⁠
If the Hamptons are the capital of Laidback Luxury, QUAY shades pair perfectly with the aesthetic and vibe. The price range starts at surprisingly affordable ($39!) and ranges entirely reasonable ($105) – we’re here for it, QUAY!⁠
⁠
The Montauk Edit is fantastic. I love my “Fast Lane” and am 100% considering grabbing a pair of the “ANYWAYS.” The styles are Gen-Z and Millennial-approved—no small feat.⁠
⁠
In the Hamptons, great sunglasses are as important as your keys. Leave your gas station glasses at home, but remember, you’re in the Hamptons to have fun, so maybe don’t bring sunglasses that need an insurance policy. ⁠
⁠
Read the full article at Hamptons.com (Link in Bio)⁠
.⁠
.⁠
.⁠
.⁠
.⁠
#quay #montauk #hamptons #sunglasses #eyewear
  • Check out the Top Hamptons Events This Weekend:⁠
⁠
🎒 Rebecca Minkoff Pop-Up⁠
📍 Sole East, Montauk⁠
🕘 Aug 1–10, 9am–7pm⁠
Shop signature bags & style a new summer look!⁠
⁠
🍷 Dinner in the Vines⁠
📍 Wölffer Estate Vineyard, Sagaponack⁠
🕠 Fri, Aug 1 | 6:30–9pm⁠
A farm-to-table evening supporting the Feed Foundation.⁠
⁠
🎤 Rosebud Baker Live⁠
📍 WHBPAC, Westhampton Beach⁠
🕗 Fri, Aug 1 | 8–9:30pm⁠
A Friday night of laughs with the comedy star.⁠
The first 3 people who Dm us ”Rosebuds” will get a pair of tickets 🙂‍↔️
⁠
🎶 Cimafunk at Talkhouse⁠
📍 Stephen Talkhouse, Amagansett⁠
🕗 Fri, Aug 1 | 8pm⁠
Get ready to dance—Cimafunk brings the energy!⁠
⁠
🖼️ Liaigre Summer Exhibition⁠
📍 The Barn, Bridgehampton⁠
🕚 Aug 1–25 | 11am–5pm⁠
Design meets art in this exclusive gallery experience.⁠
⁠
🎨 Guild Hall Summer Gala⁠
📍 Guild Hall, East Hampton⁠
🕕 Fri, Aug 1 | 6–11pm⁠
Celebrating new exhibitions by Mary Heilmann & Joel Mesler.⁠
⁠
🛶 Mecox Bay Paddle⁠
📍 Water Mill⁠
🕙 Sat, Aug 2 | 10am–12pm⁠
Explore creeks and coves with STPS.⁠
⁠
🌊 Heart of Springs Gala⁠
📍 Ashawagh Hall, East Hampton⁠
🕛 Sat, Aug 2 | 12–8pm⁠
An afternoon celebrating the spirit of Springs.⁠
⁠
🎓 Hetrick-Martin “School’s Out” Benefit⁠
📍 Sagaponack⁠
🕔 Sat, Aug 2 | 5pm⁠
Taste of the Hamptons + a good cause.⁠
⁠
🎭 Joy Behar: “My First Ex-Husband”⁠
📍 WHBPAC, Westhampton Beach⁠
🕗 Sat, Aug 2 | 8pm⁠
A bold & hilarious one-woman show.⁠
⁠
📚 Friday at Five: Rue Matthiessen⁠
📍 Hampton Library, Bridgehampton⁠
🕔 Fri, Aug 1 | 5pm⁠
Meet the Pushcart Prize nominee!⁠
⁠
🐶 Mutts & Mimosas⁠
📍 Calissa, Water Mill⁠
🕛 Sun, Aug 3 | 12–4pm⁠
Brunch + adoptable pups = perfect Sunday 🐾⁠
⁠
✨ Tap the link in bio for details & tickets! ✨⁠
⁠
#rebeccaminkoff #cimafunk #hamptons #weekend #wolffer #montauk #hamptonsstyle
Facebook Twitter Instagram Youtube
Hamptons.com

Saunders Broadcasting Corp.

Phone: 631-613-8440
Email: [email protected]
Facebook: Facebook.com/HamptonsOnline
Twitter: @Hamptons
Instagram: @HamptonsOnline

About Us | Contact Us

Hamptons.com

  • Lifestyle
  • Events
  • Real Estate
  • Live Cameras
  • Public WiFi

Subscribe

Sign up for our weekly newsletter!

Get the top Hamptons events and latest scoop!

© 2025 Hamptons.com | All rights reserved
Saunders Broadcasting Corp.
Terms & Conditions | Privacy Policy | About Us | Contact Us

No Result
View All Result
  • Spotlight Magazine
  • Lifestyle
    • Featured
    • Entertainment
    • Arts
    • Community
    • Dining
    • Recreation
    • Trending
  • Events
    • Events Calendar
    • Post an Event
    • Gallery
  • Real Estate
    • Real Estate Features
    • Search Real Estate
      • Open Houses
      • Search Sales
      • Search Rentals
    • Title Insurance
    • Happening In The Hamptons Podcast
  • Live Cameras
    • All Live Cameras
    • Live Weather Cams
    • Amagansett, Atlantic Avenue Beach
    • Bridgehampton, West Scott Cameron Beach
    • East Hampton Village, Main Beach
    • East Hampton Village, Main Street
    • East Hampton Village, Newtown Lane
    • Hampton Bays, Ponquogue Beach
    • Hampton Bays, Ponquogue Bridge
    • Hampton Bays, Shinnecock Fishing Dock
    • Hampton Bays, Tiana Beach
    • Long Island Aquarium | Coral Reef
    • Long Island Aquarium | Penguins
    • Long Island Aquarium | Shark Tank
    • Montauk, Downtown Circle
    • Montauk, Lars Simenson Skatepark
    • Montauk, Gin Beach & Inlet
    • Montauk, Sunset Beach & Inlet
    • Sagaponack, Sagg Main Beach
    • Sag Harbor, Foster Memorial Beach
    • Sag Harbor, Long Wharf Marina
    • Sag Harbor, Main Street (South)
    • Sag Harbor, Sag Harbor Bay
    • Sag Harbor, Windmill Beach & Bay
    • Shelter Island, South Ferry
    • Southampton, 39A to Montauk Hwy Merge
    • Southampton, Conscience Point Marina
    • Southampton Village, Coopers Beach
    • Southampton Village, Main Street (South)
    • Southampton Village, Main Street (North)
    • Southampton Village, Main Street (Hildreths)
    • Westhampton Village, Main Street (East)
    • Westhampton Village, Rogers Beach
  • Public WiFi
    • Public WiFi Map
    • Public Wi-Fi Support

© 2025 Hamptons.com | All rights reserved
Saunders Broadcasting Corp.
Terms & Conditions | Privacy Policy | About Us | Contact Us