• NJ Appellate Division Decision Highlights Substance Over Form in Interpretation of Exclusive Listing Agreement for Development Project
  • March 7, 2013
  • Law Firm: Saiber LLC - Florham Park Office
  • On February 11, 2013, the New Jersey Appellate Division decided R.J. Brunelli & Co., Inc. v. Briad Development East, LLC, A-5712-10T2. The decision highlights the Appellate Division’s adoption of a “substance over the form” rationale in its interpretation of exclusive listing agreements for development projects. This is particularly relevant in today’s changing residential and commercial development markets where the marketing or development strategy contemplated at the initial stage of the listing changes due to changes in the economic or zoning landscape.