Paying Second Half of Brokerage Commision if the Sale Did Not Occur in New York
In Amies v. Wesnofske, 174 N.E. 436, 255 N.Y. 156 (1931), the brokerage agreement called for the payment of a $5,000 commission, "one-half of which is paid this date and the balance to be paid on the closing of title." Id. at 436, 255 N.Y. at 158.
The date set for closing was extended by the buyer and seller and eventually the buyer and seller agreed that the seller could keep the earnest money and the buyer would be released from the contract.
The court found that the payment of the second $2,500 was conditioned on an event that did not occur. Therefore, the seller was not required to pay the balance of the commission.