Scott D. Simon successfully defended a lawsuit brought against a Goetz Fitzpatrick LLP client for the alleged non-payment of a real estate brokerage commission. The client, who sold a $4.5 million commercial property, was alleged to have conspired with the purchaser to deprive the purchaser’s broker of a $135,000 commission.
Emails and text messages analyzed during discovery revealed that although the plaintiff may have been the procuring cause of the transaction, the purchaser represented to Goetz Fitzpatrick’s client – both in the contract and at closing – that there was no purchaser’s broker. After plaintiff admitted at its deposition that it had no documentary evidence of a conspiracy between seller and purchaser, the claims against Goetz Fitzpatrick’s client were settled for a mere $1,000.
Learn more about Goetz Fitzpatrick’s commercial litigation practice.