Luxury broker Rose Bauer won’t be finding a test for 50 percent a million pounds in relationship with the $10.4 million sale of a Fisher Island condominium.
Miami-Dade Circuit Court docket Choose Mark Blumstein lately dismissed a lawsuit, submitted by Bauer and her enterprise Rivero Authentic Estate, versus brokers Dora Puig, Mayi de la Vega, their brokerages and buyers Dennis Lehman and Kelley Kosow. In her lawsuit, filed in October, Bauer alleged that Puig and de a Vega went behind her again to shut a 2019 deal with Lehman and Kosow for a four-bed room device at Palazzo Della Luna. As a result, Bauer claimed she and Rivero Genuine Estate skipped out on a 5 % commission, or around $520,000, even though she was the principal broker symbolizing the purchasers.
“We are disappointed in the consequence of this make a difference, but nevertheless respect the court’s final decision,” explained David Haft, an legal professional for Bauer and Rivero Real Estate.
Puig, de la Vega and their attorneys did not answer to requests for comment. Paul Breitner, the lawyer for Lehman and Kosow, declined remark.
Lehman, founder and president of Lehman Plumbing Supply, and Kosow, his wife, originally retained Bauer to help them in finding a new marital house. All 3 signed a registration agreement with Fisher Island Serious Estate on June 2, 2018, in accordance to court docket files. As component of her lawsuit, Bauer provided a copy of the agreement that said she and Rivero ended up the couple’s distinctive agents for the buy of a device at either Palazzo Del Sol, which at the time was just finished, or Palazzo Della Luna, which was below construction at the time.
But Lehman and Kosow, with Puig’s enable, replaced Bauer and Rivero with de la Vega, by creating her and her brokerage One Sotheby’s Worldwide Realty the distinctive agents for a order at Palazzo della Luna, the lawsuit claimed.
In a movement to dismiss the lawsuit, Puig argued that Bauer and Rivero Genuine Estate did not fulfill the co-broker registration settlement in buy to get a fee, and that she was only representing Lehman and Kosow with regard to a sale at Palazzo Del Sol. The few signed a invest in settlement for their unit on Oct. 31, 2018, two months after Bauer’s registration settlement expired, which is yet another rationale she is not entitled to a fee, in accordance to Puig’s motion to dismiss.
Furthermore, Bauer and Rivero Authentic Estate signed a different agreement in which they especially acknowledged de la Vega and Just one Sotheby’s represented the few with regard to the sale of a Palazzo Della Luna purchase, Puig’s movement observed.
“Plaintiffs agreed that a fee on the sale of a condominium unit to Mr. Lehman in Della Luna would be properly compensated to Mayi de la Vega, although a commission on a sale of a condominium unit to Mr. Lehman in del Sol would be properly compensated to them,” the movement states. “The arrangement was requested by Mr. Lehman to clarify exactly who was symbolizing him as to each individual independent developing.”