Problem
On a weekday, Tamara Cohen, a real estate broker, showed a townhouse owned by Ray and Harriet Mayer to Steven Galistinos, Jerome (Jerry) and Jessica Seinfeld's estate manager. The Seinfelds decided to purchase a townhouse and Galistinos asked Cohen to help them find a suitable brownstone.
According to Cohen, she told Galistinos that her commission would be five or six percent, depending upon which townhouse the Seinfelds decided to purchase, and Galistinos agreed on behalf of the Seinfelds. In December 2004, Cohen became aware that 155 West 82nd Street in Manhattan (the subject premises) was advertised for sale. She spoke with Maximillan Sanchez, the listing broker for the subject premises, and according to Cohen, Sanchez told her that the commission on the townhouse was six percent and that he would be willing to co-broker the transaction with Cohen, each receiving three percent. Cohen would receive three percent from the Seinfelds and Sanchez three percent from the Mayers. According to Cohen, she also told Sanchez that she could not show the premises on Friday evenings or Saturdays before sundown because she observed the Sabbath.
Sometime in January 2005, Cohen showed the subject premises to Galistinos; the sellers and Sanchez were also present. According to Cohen, Galistinos asked her about her commission, and she told him that it was six percent. On February 11, 2005, Cohen showed the subject premises to Jessica Seinfeld and Galistinos; as in January, the sellers and Sanchez were also present. Later that day, Galistinos telephoned Cohen and told her that the Seinfeld were interested in the subject premises and wanted to see it again when they could have access to all of the units. Cohen told Galistinos that she would try to arrange something for either Monday or Tuesday of the following week.
On Saturday February 12 or Sunday, February 13, 2005, the Seinfelds went to the subject premises on their own and asked the Mayers whether they could see the premises. After touring the premises, the Seinfelds agreed to purchase the premises for $ 3.95 million dollars. Sanchez was not present at this meeting.
On February 13, 2005, after the Sabbath was concluded, Cohen checked her voice mail and learned that Galistinos had called to request that the Seinfelds be given access to the premises.
(the Seinfeld's business manager) who told her that the Seinfelds would not be paying her a real estate commission. According to Jerome Seinfeld, he did not think that Cohen was entitled to a commission because she was not available to show him the premises when he wanted to see it.
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?