Tortious Interference & Real Estate Broker Prospective Contracts

Tortious interference may occur in a few different contexts, but most commonly they are done in either interference with contracts, prospective business relations, or existing economic relations. In New York, the standard test for finding if a defendant has committed tortious interference with a prospective contract is: "(1) the plaintiff had business relations with a third party; (2) the defendant interfered with those business relations; (3) the defendant acted with the sole purpose of harming the plaintiff or by using unlawful means; and (4) there was resulting injury to the business relationship."¹

Tortious interference with prospective real estate broker contracts is not exempt from such causes of action, as New York courts have long recognized this cause of action. Because it is a prospective contract, there is a higher standard than that of a contract that has already been signed and executed.