Harrouk v. Fierman

The Brokerage Relationships in Real Estate Transactions Act "BRRETA", O.C.G.A. § 10-6-A-1, et seq., provides that, absent a written, signed agreement to the contrary, the duties and obligations imposed upon a real estate broker are limited to those set forth in the statute.

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Following a real estate dispute, appellee Martin L. Fierman sued appellants Omar Harrouk and Teresa Hollis d/b/a/ United Country/Hollis Realty for damages and other relief. The trial court entered judgment on the jury’s verdict in favor of Fierman. Appellants contend in part that the trial court erred in allowing the case to go to the jury. Because we conclude that appellants owed no duty to Fierman and were entitled to judgment as a matter of law, we agree and reverse. The evidence showed that in 2002, Fierman approached Hollis, a licensed real estate broker and sole proprietor of United Country/Hollis Realty, and expressed an interest in acquiring an office in Sparta, Georgia. Hollis showed Fierman several properties, none of which were suitable for his purposes. Fierman then verbally expressed an interest in a vacant home that was not listed for sale, and requested that Hollis investigate the availability of the property. Hollis identified the home’s owner and left him a voicemail message, but the owner never returned Hollis’s call and no contact was made.

Throughout early and mid-2003, Fierman periodically followed up with Hollis, who had received no new information about the property. On September 23, 2003, however, the owner of the desired property, Thomas Higgins, came into Hollis’s office and expressed his desire to list the property for sale with United Country/Hollis Realty. Higgins indicated that he was anxious to sell the house quickly. Harrouk, who was working as a real estate agent for Hollis’s company, was in the office and met Higgins at that time.

Harrouk v. Fierman

The Brokerage Relationships in Real Estate Transactions Act "BRRETA", O.C.G.A. § 10-6-A-1, et seq., provides that, absent a written, signed agreement to the contrary, the duties and obligations imposed upon a real estate broker are limited to those set forth in the statute.

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