ISAAC GAMEL, APPELLANT,
v.
D.G. MANESIOTIS D/B/A HOLLYWOOD BEACH REALTY, OSCAR E. DOOLY ASSOCIATES, INC., AND ROBERT S. BOOKBINDER, APPELLEES
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The court affirmed a judgment against a real estate buyer for tortious interference with a broker's contract, finding all five elements of the tort established and substantial evidence supporting a $480,000 damages award based on the parties' oral commission agreement.
A buyer may be held liable for tortious interference with a real estate broker's contract when the buyer intentionally procures the breach of the broker's agreement with the listing broker without justification.
[1] A buyer may be held liable for tortious interference with a real estate broker's contract when the buyer intentionally procures the breach of the broker's agreement with…
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Join FLexlaw to unlock all legal intelligence“existence of the contract, (2) the wrongdoer's knowledge that there exists such contract, (3) the wrongdoer's intentional procurement of the breach, (4) lack of justification and (5) damages resulting for the plaintiff”
The court identified the five elements required to establish tortious interference with contract.
A buyer purchased the Hollywood Bible College site in Hollywood. A real estate broker (Manesiotis) had a contract with a listing broker regarding the …
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PER CURIAM.
This is an appeal from a final judgment against the buyer of the Hollywood Bible College site in Hollywood for tortious interference with the contract a real estate broker had with the listing broker. We affirm. Upon the issue of liability, there is substantial competent evidence in the record of each of the five elements which constitute the tort; namely, (1) existence of the contract, (2) the wrongdoer’s knowledge that there exists such contract, (3) the wrongdoer’s intentional procurement of the breach, (4) lack of justification and (5) damages resulting for the plaintiff. See Tamiami Trail Tours, Inc. v. Cotton, 463 So. 2d 1126 (Fla.1985). We further conclude the delay in entry of the final judgment by the trial court, in this case, does not warrant reversal.
Upon the issue of damages, the listing broker — also a defendant against which a judgment was obtained by appellee here and not appealed — actually received as a result of negotiations to which appellee was not a party nor privy only $176,667. However, we confirm the much greater award of $480,000 based on the tort, against the listing broker and buyer, because there is substantial competent evidence to support the trial court’s conclusion that the oral agreement between the listing broker and Manesiotis was that the latter, for procuring the buyer, would get half of 6% of the selling price, as distinguished from half of whatever commission the listing broker got.
GLICKSTEIN and STONE, JJ., and BLOOM, PHILIP, Associate Judge, concur.
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- Tamiami Trail Tours, Inc. v. J.C. Cotton and Aubrey Jesse Cotton, 463 So. 2d 1126 (Fla. 1985)