A real estate broker generally earns a commission by producing a ready, willing, and financially able buyer on the seller’s terms. Financial ability requires substantiation, and agreement on price alone is insufficient; the parties must agree on material terms such as closing, property condition, and other customary provisions. A commission agreement generally need not be written. In Thomas J. McCarthy Real Estate v. Herlin, the Second Department affirmed dismissal of a broke

Folks enter into brokerage agreements all the time. The most familiar situation involving brokerage agreements are those related to the sale of real property. Litigation over brokerage agreements often involves the payment of commissions.