Jury Finds Warehouse Buyer Doesn't Owe Real Estate Commission
A jury was asked to decide who knew what about an agreement to pay a 4.5 percent sales commission on an Opa-locka warehouse sale.
May 20, 2019 at 01:48 PM
2 minute read
BREACH OF CONTRACT
MIAMI-DADE CIRCUIT COURT
A jury decided the buyer of an Opa-locka warehouse was not obligated to pay a commission that the seller had promised a real estate agent in a prior deal.
Luis Sosa leased the warehouse for several years. On Oct. 24, 2016, he exercised an option to purchase the building. He paid $650,000 to buy it from Whidad Capital International LLC. Whidad previously signed an agreement with Cook Commercial Realty Inc., agreeing to pay Cook a 4.5 percent commission following the property's sale. Cook claimed it never received this commission. The company sued Whidad for breach of contract and Sosa for tortious interference with a contract.
Whidad was unable to be served and was not part of the trial. Sosa argued that, when he spoke to Whidad about purchasing the building, Whidad did not mention Cook or imply Cook was still involved with the property. The jury issued a defense verdict.
Case: Cook Commercial Realty v. Whidad Capital International
Case No.: 2017-021863-CA-01
Plaintiffs attorney: Raymond L. Robinson, Robinson Law, Coral Gables
Defense attorneys: Jorge A. Garcia-Menocal, Garcia-Menocal, Irias & Pastori, Coral Gables; and Eduardo A. Maura, Ayala Law, Miami
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