If you think you are owed a commission on a residential or commercial real estate transaction, it is imperative you speak with an experienced real estate attorney as soon as possible.Ĭall the Law Offices of Jarrett R. For residential real estate transactions, the broker’s entitlement to a commission is determined by Florida common law as discussed above. In certain circumstances, the Act protects the interest of the procuring broker by allowing them to file and foreclose on a lien on the proceeds from the transaction. It is important to note that for commercial real estate transactions, the broker’s entitlement to a commission is protected by the Florida Commercial Real Estate Sales Commission Lien Act under Chapter 475, Part III, Florida Statutes. In some cases, depending on the contract at issue, attorneys’ fees and costs can also be awarded to the prevailing party in a procuring cause lawsuit. The damages available to a broker in a breach of contract action against the seller for recovery of a commission under the procuring cause doctrine may include the amount of the agreed to, or a computed commission, interest, and punitive damages.
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