A Question of Ethics—Performance and Damages.

On a weekday, Tamara Cohen, a real estate broker, showed a townhouse owned by Ray and Harriet Mayer to Jessica Seinfeld, the wife of comedian Jerry Seinfeld. On the weekend, when Cohen was unavailable because her religious beliefs prevented her from working, the Seinfelds revisited the townhouse on their own and agreed to buy it. The contract stated that the “buyers will pay buyer’s real estate broker’s fees.” [Cohen v. Seinfeld, 15 Misc.3d 1118(A), 839 N.Y.S.2d 432 (Sup. 2007)] (See page 353.)

1. Is Cohen entitled to payment even though she was not available to show the townhouse to the Seinfelds on the weekend? Explain.

2. What obligation do parties involved in business deals owe to each other with respect to their religious beliefs? How might the situation in this case have been avoided?