Nicholas Travis and Mykal Hill Obtain Dismissal of Florida Real Estate Case Alleging Negligence and Fraud
Congratulations to partner Nicholas Travis and associate Mykal Hill on successfully obtaining the dismissal of a negligence and fraud case against a real estate brokerage firm and sales agent in Florida.
The brokerage firm and sales agent were sued by a property seller because of a dispute over property between the buyers and seller. The seller engaged the brokerage firm to market and list the property for sale. However, the owner of the property was the seller’s mother, who had recently passed away.
The brokerage and sales agent recommended an attorney they had referred to clients in the past to complete the necessary steps for allowing the seller to legally sell the house. Unbeknownst to the clients, the attorney was under investigation by the Florida Bar and was suspended from practicing law. The seller and buyers executed a purchase and sale agreement. During due diligence, the buyers discovered that the seller’s attorney had filed fraudulent documents naming the seller as a personal representative and representing that the seller could sell the property. The buyers could not close on the property as scheduled and filed suit against the seller, the seller’s attorney and the real estate brokerage.
The suit alleged our clients, the brokerage and the sales agent, committed negligence, negligent misrepresentation, tortious interference with a contract and violated Florida’s Deceptive and Unfair Trade Practices Act. We successfully argued that the buyers’ alleged damages were caused by the fraudulent acts of the seller’s attorney, and our clients committed no harmful acts. Additionally, we argued that our clients were protected by Florida law as licensed real estate brokers and agents. The court dismissed all counts alleged against our clients without prejudice.
Nicholas W. Travis
Private: Mykal W. Hill