Search Rutgers Law Library N.J. Court Opinions

1 SITE SEARCH OF NEW JERSEY, INC v. CAMCO MANAGEMENT, LLC -- rank: 1000

... Search's claim was barred by the Statute of Frauds. N.J.S.A. 25:1-16(b). The court rejected Site Search's argument that there ... mortgagee or lienor is not an interest in real estate. [ N.J.S.A. 25:1-16.] An oral agreement is enforceable only if memorialized in writing ... a prospective party who later effects the transfer or sale. [ N.J.S.A. 25:1-16(d).] A "transfer or sale" is defined as "the transfer ... real estate or the purchase or sale of a business." N.J.S.A. 25:1-16(a). Site Search argues no transfer of interest in real ... five days, after which the principal failed to object timely. N.J.S.A. 25:1-16(b), (d). Although Site Search alleged in its complaint that ... unlike in this case, Coldwell Banker attempted to comply with N.J.S.A. 25:1-16(d) by forwarding a written confirmation of an oral ...

docket:	a5162-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-21
status:	unpublished
citation:
Document Size:	79461

2 SETH POLLACK v. QUICK QUALITY RESTAURANTS INC -- rank: 975

... broker's commission agreement. Pursuant to the statute of frauds, N.J.S.A. 25:1-16(b) provides: [A] real estate broker who acts as agent ... including the rate or amount of commission to be paid[.] [ N.J.S.A. 25:1-16(d)(1).] "[S]trict compliance with the statute of frauds ... commission was not; therefore, plaintiffs did not strictly comply with N.J.S.A. 25:1-16. See C&J Colonial Realty , supra , 355 N.J. Super ... upon defendant of the terms of the oral agreement. See N.J.S.A. 25:1-16(d)(1). No agreement complied with N.J.S.A. 25:1-16(b) or N.J.S.A. 25:1-16(d)(1). E. Plaintiffs' quantum meruit argument that defendant ...

docket:	a1967-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-26
status:	published
citation:	452 N.J.Super. 174 172 A.3d 568
Document Size:	51684

3 MARKEIM-CHALMERS, INC v. WILLINGBORO URBAN RENEWAL, LLC -- rank: 975

... writing states either the amount or the rate of commission." N.J.S.A. 25:1-16(b). "Transfer or sale" in this section is defined as ... in real or the purchase or sale of a business." N.J.S.A. 25:1-16(a). "Interest in real estate" is deemed to include a ... a prospective party who later effects the transfer or sale. [ N.J.S.A. 25:1-16(d).] The Legislature enacted this revised version of the statute ... written agreement, an oral agreement complying with the requirements of N.J.S.A. 25:1-16(d) is the only means of satisfying the Statute of ... did MCI send a notice to Urban Renewal pursuant to N.J.S.A. 25:1-16(d). Instead, MCI entered into the written lease commission agreement ...

docket:	a5469-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	unpublished
citation:
Document Size:	70638

4 DKNJ REAL ESTATE AND APPRAISAL, LLC v. REUSSI CAPITAL LIMITED LIABILITY COMPANY -- rank: 940

... comply with the strict requirements of the statute of frauds, N.J.S.A. 25:1-16. Additionally, the judge determined that plaintiffs' failure to comply with ... was reached on all material terms, and the requirements of N.J.S.A. 25:1-16(d) were not satisfied, plaintiffs were not entitled to a ... Div. 1997). The relevant sections of the statute of frauds, N.J.S.A. 25:1-16, are as follows: b. Except as provided in subsection d ... faxed letter did not comply with the statute of frauds, N.J.S.A. 25:1-16. Id. at 391. Nevertheless, we held the plaintiffs-brokers were ... Coldwell Banker attempted A-2316-19 15 to comply with N.J.S.A. 25:1-16 by forwarding a written confirmation of an oral agreement, though ... performing the services of a real estate agent or broker.' N.J.S.A. 25:1-16(b), (a). The Court has held that even the ...

docket:	a2316-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-10
status:	Unpublished
citation:
Document Size:	35082

5 FALLIVENE AGENCY, INC v. BARBARA HILL -- rank: 899

... of commission, thereby satisfying the statute of frauds pursuant to N.J.S.A. 25:1-16. Fallivene notes N.J.S.A. 25:1- 16 does not require an 'agreement' between parties in order for ... 13 is a 'writing' which satisfies the statute of frauds. N.J.S.A. 25:1-16(b). When interpreting a 'writing' or contract language, we rely ... Co., 358 N.J. Super. 484, 497 (App. Div. 2003)). N.J.S.A. 25:1-16(b) reads as follows: [A] real estate broker who acts ... writing states either the amount or the rate of commission. [N.J.S.A. 25:1-16(b).] To be entitled to a commission, a broker must strictly comply with the statute of frauds pursuant to N.J.S.A. 25:1-16. Coldwell Banker Com. v. Blancke P.W. LLC, 368 ...

docket:	a0395-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-26
status:	Unpublished
citation:
Document Size:	19753

6 HOVBILT, INC v. PETER LAIR -- rank: 812

... The judge also determined that because the Statute of Frauds, N.J.S.A. 25:1-16(d)(1), prohibits a real estate broker from receiving compensation ...

docket:	a3813-08
court:	NJ Superior Court Appellate Division
decided:	2010-02-25
status:	unpublished
citation:
Document Size:	35365

7 THEREAL ESTATE and GLENN PREMIER PREMIER BRIELLE, LLC, and THE MONELLO MONELLO GROUP AT LLC, THE MONELLO PENNBROOKE, LLC GROUP AT PREMIER SEA GIRT, LLC DIANE TURTON -- rank: 812

... writing states either the amount or the rate of commission. [ N.J.S.A. 25:1-16(b).] The statute allows for an exception to the rule ... contravention of the statute. Id. at 385, 389-90; see N.J.S.A. 25:1-16 ("The notices provided for in [the statute] shall be served ... There is no dispute that TREC failed to comply with N.J.S.A. 25:1-16(d). Any award of damages on the basis of quantum ...

docket:	a1338-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-09-09
status:	Published
citation:
Document Size:	58001

8 JEFFREY REALTY, INC. v. KEVIN VENTICE -- rank: 725

... comply with the strict requirements of the statute of frauds, N.J.S.A. 25:1-16, precluded plaintiff's recovery for breach of contract. Additionally, the ... Div. 1963)). The relevant sections of the statute of frauds, N.J.S.A. 25:1-16, are as follows: b. Except as provided in subsection d ...

docket:	A0506-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-06
status:	unpublished
citation:
Document Size:	42672

9 C&J COLONIAL REALTY, INC., et al. v. POUGHKEEPSIE SAVINGS BANK, FSB, et al. -- rank: 659

... the last known address of the person to be served.     [ N.J.S.A. 25:1-16.] Footnote: 5      5 In light of my conclusion, I need ...

docket:	A0738-00
court:	NJ Superior Court Appellate Division
decided:	2002-12-04
status:	published
citation:	355 N.J. Super. 444 810 A.2d 108
Document Size:	88360

10 COLDWELL BANKER COMMERCIAL/ FEIST & FEIST REALTY CORP., et al. v. BLANCKE P.W. L.L.C. -- rank: 645

... that plaintiffs failed to comply with the statute of frauds, N.J.S.A. 25:1-16, to secure an enforceable agreement to pay a real estate ...

docket:	a3695-02
court:	njappellate
decided:	2004-04-26
status:	published
citation:	368 N.J. Super. 382
Document Size:	49649

11 MAINARDI MANAGEMENT CO v. ESTATE OF SALVATORE J FANALE -- rank: 496

... brokerage commission agreements be put in writing to be enforceable. N.J.S.A. 25:1-16(b). A broker may not seek a commission payment in ...

docket:	a2991-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-14
status:	unpublished
citation:
Document Size:	28112

12 CLASSIC HOMES REALTY v. E.J.G. PROPERTIES, INC. -- rank: 458

... 2004) (discussing the statute of frauds and real estate commissions, N.J.S.A. 25:1-16(d)-(e)). The claim Classic alleged it surrendered was based ...

docket:	a0589-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-20
status:	unpublished
citation:	200 N.J. 208 976 A.2d 384
Document Size:	46129

13 HAROLD P. MINTZ v. SEMPRAE LABORATORIES -- rank: 409

... the judge erred in concluding that the Statute of Frauds N.J.S.A. 25:1-16, barred plaintiff from enforcing a claim for a brokerage fee ...

docket:	a1561-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-21
status:	unpublished
citation:
Document Size:	18395