The plaintiff, a real estate agent, brought a motion for summary judgment against her former brokerage for unpaid commissions and improperly deducted fees.
The brokerage argued the commission was subject to a referral agreement with an unlicensed third party and was being held in trust.
The court found that while an agreement to split the commission existed, it was unenforceable under the Real Estate Brokers Act, 2002, which prohibits paying commissions to unlicensed persons.
The court granted summary judgment to the plaintiff for the unpaid commission and the improperly deducted fees.