Legal Midwest
A primer on commercial real estate brokerage commissions disputes

A primer on commercial real estate brokerage commissions disputes

Disputes over broker’s commissions arise daily in the commercial real estate marketplace. For more than 20 years, I’ve handled a multitude of these cases, sometimes representing the broker and, other times, representing the owner. Under the relevant standard, the broker is entitled to a commission if the broker was the “procuring cause” of the sale or lease transaction. However, whether that standard has been satisfied is not always clear. The facts of each case are unique and the courts have sometimes made inconsistent general rulings about what it means to be the procuring cause.