Case Study Newmark and Co - Newmark Co Real Estate Inc contacted 2615 East 17 Street Realty LLC to lease certain real property on behalf of a client

Case Study Newmark and Co - Newmark Co Real Estate Inc...

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Newmark & Co. Real Estate, Inc., contacted 2615 East 17 Street Realty, LLC, to lease certain real property on behalf of a client. Newmark e-mailed the landlord a separate agreement for the payment of Newmark's commission. The landlord e-mailed it back with a separate demand to pay the commission in installments. Newmark revised the agreement and e-mailed a final copy to the landlord.The statute of frauds requires certain types of contracts need to be in writing. All of these contracts must be in writing except which one?Does the real estate broker's separate agreement for payment of commission fall under the statute of frauds?Under which category?Does an e-mail satisfy the writing requirements for the statute of frauds?All of these are the essential terms needed in a writing, except which one?Are these essential terms in the e-mail exchange?Does the writing satisfy the essential terms requirement?Who must sign the writing?Who signed the e-mails?What type of signature must be on an e-mail in order to enforce an electronic record?Who is enforcing the commission agreement?Is it likely a court would find the e-mails satisfy the statue of frauds and therefore order the landlord topay the commission?

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