He sued the two
brokers for breach of contract, fraud (fraudulent misrepresentation), and negligence (negligent misrepresentation).
Brokers v. Gamaldi (190 A.D. 2d 709) absence of written agreement does not preclude recovery of damages by licensed
broker for breach of contract or for quantum meruit (Gen. Ob.
Not exact matches
The Business Trial Group can assist you in bringing claims
for negligent failure to procure insurance, insurance agents or
brokers breach of fiduciary duty,
breach of contract to procure insurance, and agents» or
broker's misrepresentations.
1 Apr. 21, 2016)(unpublished), buyers
of seaside property sued seller and a dual
broker agent
for breach of contract, intentional misrepresentation, negligent misrepresentation, and rescission after dual agent told buyers at a pre-sale stage that foul odors in the house were attributable to «sea air,» when instead they emanated from a post-sale discovery
of a buried oil and septic tank on the property.
BTIG v Reiss (2011, Commercial Court) Acting
for firm
of agency
brokers Breach of contract — losses arising from unauthorised trading
In Bartsas Realty, Inc. v. Nash, the Supreme Court
of Nevada reviewed the dismissal
of a
broker's claims against a property seller
for: (1) tortious interference with
contract; (2)
breach of oral agreement; and (3) fraud.
Listing
broker office did not advise purchasers
of representation
of the builder, so no basis
for claim
of purchaser inducing
breach of contract.
Harvard Associates, Ltd. v. Hayt, Hayt & Landau (238 A.D. 2d 378)- summary judgment to dismiss
broker's claim
for breach of contract denied where issue
of fact exists as to whether or not
broker was the procuring cause
of re-negotiated lease;
contract provision obligates the party to protect and preserve the
broker's right to recover any earned commission from the owner.
Century 21 Volpe Realty v. Jhong Kim (231 A.D. 2d 667)-
broker entitled to real estate commission where seller entered into a valid and enforceable
contract for sale
of property and then willfully
breached the agreement, causing the failure
of the transfer
of title to the property; agreement satisfies statute
of frauds.
Curtis Properties Corp. v. Greif Companies (236 A.D. 2d 237)- cause
of action in quantum merit reinstated (see, Curtis Properties Corp. v. Grief Companies [212 A.D. 2d 259]-RRB-;
broker engaged as exclusive buyer's agent;
broker may proceed both on
breach of contract and quasi-
contract theories where there is a bona fide dispute as to the existence
of a
contract or the
contract does not cover the dispute in issue; quantum meruit recovery is proper where the defendant wrongfully has prevented the plaintiff's performance
of a written agreement;
broker negotiated lease terms
for principal with a third party which principal used to negotiate their own lease terms with their current landlord.
Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes
of action
for breach of an oral employment agreement,
for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law,
for conversion and conspiracy to commit conversion by the
broker and punitive damages
for intentional tort; order dismissing all causes
of action except the
breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman»
of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause
of action fails as salesperson must have exercised ownership, possession or control
of the property in the first place which she never had such ownership; no viable claim
for punitive damages which are not recoverable
for ordinary
breach of contract
79 DOS 99 Matter
of DOS v. Pagano - disclosure
of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice
of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof
of proper service; DOS has jurisdiction after expiration
of respondents» licenses as acts
of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact;
broker fails to make it clear
for which party he is acting;
broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions
of «exclusive right to sell» and «exclusive agency»;
broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction;
broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper
for broker to use listing agreements providing
for broker to retain one half
of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow
broker to retain part
of the deposit when
broker did not earn a commission;
broker must conduct business under name as it appears on license;
broker engaged in the unauthorized practice
of law in preparing
contracts for purchase and sale
of real estate which did not contain a clause making it subject to the approval
of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee;
broker demonstrated untrustworthiness and incompetency in using sales
contract which purported to change the terms
of the listing agreement to include a higher commission;
broker demonstrated untrustworthiness and incompetency in using
contracts of sale which were unclear, ambiguous, vague and incomplete;
broker failed to amend purchase agreement to reflect amendment to increase deposit amount;
broker demonstrated untrustworthiness in back - dating purchase agreements;
broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase;
broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit
of entitlement
for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate
broker bound by the knowledge acquired by and is responsible
for acts committed by its licensees within the actual or apparent scope
of their authority; corporate and individual
brokers» licenses revoked, no action taken on application
for renewal until proof
of payment
of sum
of $ 2,000.00 plus interests
for deposits unlawfully retained
The case involved sellers who sued potential buyers
for breach of contract and two real estate
brokers for breach of fiduciary duty.