Tuesday, July 12, 2022

Attorney DiCarlo was interviewed by Lawyers Weekly about the recent Appeals Court decision of Huang, et al. v. RE/MAX Leading Edge, et al.  The case was about a couple who allegedly gave a real estate broker a VERBAL one-year exclusive right to help them locate and buy a new home, only to violate the agreement by purchasing and later selling a house through another broker. The court found that the couple may owe the initial broker a commission as damages for violating that exclusive verbal contract. 

Noel said that, "the decision is important because it affirms that an oral contract to pay for the services of a licensed real estate broker can be enforced. But, proving the existence of such a contract carries a heavy burden of proof.  Ultimately, many buyers and sellers are unsophisticated parties, unlike in commercial real estate. It should be the broker’s obligation to explain their services, how they charge, and how the client will be bound. As an attorney, I always recommend that this be in writing and signed by all the parties.”

To obtain a copy of the case, or learn more about it, and its implications to realtors or buyers and sellers, don't hesitate to reach out to Noel with questions or comments!

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