A primer on commercial real estate brokerage commissions disputes,” by Monte L. Mann, appears in the May 16, 2016, REJournals.com, the online version of Midwest Real Estate News.

Monte L. Mann"Disputes over broker’s commissions arise daily in the commercial real estate marketplace,” Mr. Mann writes. “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.”“Commercial brokerage commission disputes are difficult,” according to the article.  “They are expensive to prosecute and defend. They are fact intensive. No two cases are the same and, at times, the cases appear to reach inconsistent results.  For all the reasons, in our experience 90% of these disputes will settle before trial.”

Mr. Mann is co-chair of the real estate litigation group at Novack and Macey. For more information, contact him at (312) 419-6900 or mmann@novackmacey.com.