Real Estate Brokers are NOT Immune from Liability

in Standard of Review, Trial Perspectives

Real estate brokers are NOT immune from liability when it comes to misrepresentations regarding the property they are selling. A recent Florida appellate opinion supports this point. See Dziegielewski v. Scalero, 47 Fla.L.Weekly D2608a (Fla. 5th DCA 2022). If you are a real estate broker, consider this, particularly if you are marketing a property with misrepresentative statements. In this case, a condominium unit was listed for sale. The MLS listing for the property made a representation regarding garage spaces tied to the unit: “Not one or two, but three deeded garages come with this unit…” In actuality, the unit came with...

02 February

0 Comments

Sticky

Limitation on Real Estate Broker’s Procuring Cause Doctrine

Posted by David Adelstein

in Trial Perspectives, Uncategorized

Here is the scenario? A commercial owner enters into an exclusive listing agreement with a real estate broker that gives the broker the exclusive right to sell or lease property within 1 year in exchange for 6% commission. The exclusive listing agreement provides that the broker is entitled to the commission “if the property was sold or leased within twelve months after termination of the agreement to any buyer to whom the property was submitted for sale during the continuance of the agreement.” This is the broker's protection period. The broker introduces the commercial owner to a couple. However, the couple does...