Procuring Cause

196 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Knowles v. Henderson
  156 Fla. 31· Fla.· 1945-06-01 ·cited 91×
  A real estate broker sued an owner for commission after procuring a ready, willing, and able buyer for property, but the owner refused to convey title because he owned only a half-interest, not the whole property as the broker claimed he was authorized to sell. The Florida Suprem
• Futch v. Head
  511 So. 2d 314· Fla. 1st DCA· 1987-05-18 ·cited 73×
  Grace Futch appeals a judgment awarding Howard Head $390,000 for breach of contract and conversion related to their dispute over a commission on the sale of the Melroe beach property. The court affirmed the contract finding and Head's status as procuring cause but reversed the tr
• Shuler v. Allen
  76 So. 2d 879· Fla.· 1955-01-07 ·cited 71×
  A real estate broker sued sellers for a commission on the sale of a motor court, claiming he procured the purchasers. The Florida Supreme Court reversed, holding that the broker failed to maintain continuous negotiations with the sellers regarding the purchasers, and that the bro
• Nat'l Airlines, Inc. v. Oscar E. Dooly Assocs., Inc.
  160 So. 2d 53· Fla. 3d DCA· 1964-01-28 ·cited 65×
  A broker can recover a commission if they are the procuring cause of a sale, even without direct employment, by bringing parties together and initiating continuous negotiations.
• MacGregor v. Hosack
  58 So. 2d 513· Fla.· 1952-03-18 ·cited 50×
  The Florida Supreme Court reversed a summary judgment, holding that a real estate broker's claim for commission was not necessarily barred by a contract provision stating commission was due upon closing, especially when the broker alleged employment to simply procure a ready, wil
• Rotemi Realty, Inc. v. ACT Realty Co., Inc.
  911 So. 2d 1181· Fla.· 2005-07-07 ·cited 42×
  The Florida Supreme Court held that real estate brokerage agreements providing for contingency fees contingent on the consummation of a sale to a government entity do not violate public policy unless the sale was obtained through corruption or improper influence. The court reaffi
• Moylan v. Sophronia I. Estes
  102 So. 2d 855· Fla. 3d DCA· 1958-05-15 ·cited 39×
  A real estate broker sought recovery for a commission on an implied contract of employment after the original written contract of employment failed because the sale was not consummated. The court reversed the summary judgment against the broker, holding that an implied contract c
• Sheldon Greene & Assocs., Inc. v. Rosinda Invs., N.V.
  475 So. 2d 925· Fla. 3d DCA· 1985-08-13 ·cited 37×
  A broker is the procuring cause of a sale where the broker has brought the prospective buyer and seller together, even if the buyer and seller later intentionally exclude the broker and negotiate directly with each other without the broker's participation. The requirement of cont
• Fearick v. The Smugglers Cove, Inc.
  379 So. 2d 400· Fla. 2d DCA· 1980-01-18 ·cited 36×
  A licensed real estate broker appeals the dismissal of his complaint seeking a brokerage commission for allegedly procuring a ready, willing, and able purchaser for property owned by Smugglers Cove, Inc. The court reversed the dismissal of three counts, holding that the broker st
• First Realty Corp. OF Boca Raton v. Standard Steel Treating Co.
  268 So. 2d 410· Fla. 4th DCA· 1972-08-07 ·cited 35×
  A real estate broker appealed a summary judgment dismissing its claim for commission on the sale of a hotel property. The court reversed, finding genuine issues of material fact regarding whether the broker was the procuring cause of the sale through continuous negotiations, and
• Dixson v. Kattel
  311 So. 2d 827· Fla. 3d DCA· 1975-04-22 ·cited 34×
  The Florida District Court of Appeal reversed a trial court judgment awarding a real estate broker a commission on the sale and exchange of properties. The court held that the broker failed to establish an agency relationship with the property owners or prove he was the procuring
• Wilkins v. W. B. Tilton Real Est. & Ins., Inc.
  257 So. 2d 573· Fla. 4th DCA· 1971-12-10 ·cited 33×
  The appellate court reversed a lower court's judgment awarding a broker's commission, finding the broker was not the procuring cause of the sale and had abandoned efforts. The seller had prior negotiations with the buyer and was free to sell the property after the broker's prolon
• The Skinner Mfg. Co. v. Douville
  57 Fla. 180· Fla.· 1909-01-01 ·cited 30×
  Skinner Manufacturing Company sued E.E. Douville for a real estate broker's commission after Douville allegedly procured a purchaser for the company's timber lands. The Florida Supreme Court reversed the judgment for Douville, holding that a lower court erroneously admitted hears
• Koslovsky Realty, Inc. v. Losek
  729 So. 2d 417· Fla. 3d DCA· 1999-02-17 ·cited 28×
• Lindquist v. Burklew
  123 So. 2d 261· Fla. 2d DCA· 1960-08-10 ·cited 28×
  This case involves an appeal from a summary final judgment regarding a real estate broker's commission, where the broker claimed entitlement to the full commission after a purchaser renounced the contract.
• Mellet v. Henry
  108 So. 2d 69· Fla. 3d DCA· 1959-01-13 ·cited 26×
  Real estate brokers sued hotel owners for a commission on a property sale, claiming they procured the buyer. The defendants moved for directed verdicts at multiple stages, which were denied, and a jury found for the brokers. The appellate court affirmed, holding that sufficient e
• Salter v. Knowles
  97 So. 2d 138· Fla. 2d DCA· 1957-09-25 ·cited 26×
  A real estate broker sought to recover a commission for producing a buyer for property. The trial court found the broker was not the procuring cause of the sale and entered judgment for the defendants. The appellate court affirmed, applying the standard that trial court judgments
• Carroll Bailey v. Swartz
  97 So. 2d 310· Fla. 3d DCA· 1957-10-10 ·cited 24×
  In this real estate commission dispute, the jury found for the broker on the merits, awarding a $5,175 commission. However, the trial court improperly added pre-judgment interest not found by the jury. The appellate court reversed this addition, holding that Florida law prohibits
• Banks Real Est. Corp. v. Gordon
  353 So. 2d 859· Fla. 3d DCA· 1977-12-06 ·cited 22×
  A brokerage firm is not entitled to a commission or damages for conspiracy, unjust enrichment, interference, or fraud when it fails to produce a purchaser ready, willing, and able to buy on the seller's terms or to prove it was the procuring cause of the sale.
• Sol Megdell v. Wieder
  327 So. 2d 781· Fla. 3d DCA· 1976-01-13 ·cited 21×
  A real estate broker appeals a summary judgment denying his claim for a brokerage commission on the sale of the Martinique Hotel. The court holds that a genuine issue of material fact exists regarding whether the broker was the procuring cause of the sale, requiring denial of sum
• Zeligson v. Hartman-Blair, Inc.
  135 F.2d 874· 10th Cir.· 1943-05-07 ·cited 21×
  The court held that an oral agreement by property owners to sell their interest to any purchaser produced by a broker for a net price constitutes an employment of the broker, and refusal to complete the sale subjects owners to damages for lost commission.
• Leon Realty, Inc. v. Hough
  310 So. 2d 767· Fla. 1st DCA· 1975-04-02 ·cited 20×
  Leon Realty appeals a jury verdict that split a real estate commission 70-30 with Hough and Burnette, claiming it was the sole procuring cause of the sale. The court reversed, holding that Hough and Burnette had no enforceable claim to any portion of the commission because they n
• Benedict v. Dade Cnty. Realty, Inc.
  274 So. 2d 553· Fla. 3d DCA· 1973-03-13 ·cited 20×
  Real estate brokers sued property owners for a $10,000 commission after procuring a ready, willing, and able buyer for the owners' property under an alleged agreement. The trial court found for the brokers, and the appellate court affirmed, holding that substantial evidence suppo
• Grover C. Varn v. Pelot
  55 Fla. 357· Fla.· 1908-01-01 ·cited 20×
  The Florida Supreme Court reversed a judgment awarding a real estate broker commissions for introducing a purchaser to property owners, holding that the broker failed to satisfy the condition precedent of finding a purchaser willing to pay the specified contract price of $46,500
• Chapman v. Tison
  137 So. 2d 605· Fla. 2d DCA· 1962-02-09 ·cited 19×
  The appellate court reviewed a summary judgment granted to the defendant seller, finding that the plaintiff broker was not the procuring cause of the sale of a radio station.
• Richland Dev. Co., Inc. v. Staples
  295 F.2d 122· 5th Cir.· 1961-10-11 ·cited 19×
  A real estate broker licensed in one state can recover a commission for a sale of land in another state, even if the broker performed some acts in the latter state without a local license, provided the contract is valid where made and the broker was the "procuring cause" of the s
• Baxas Howell Mobley, Inc. v. BP OIL Co.
  630 So. 2d 207· Fla. 3d DCA· 1993-12-21 ·cited 18×
  The court held that neither claim preclusion nor issue preclusion barred the broker's action against the buyer for breach of an oral commission agreement.
• United Farm Agency OF Fla., Inc. v. DKLS, Inc.
  560 So. 2d 1212· Fla. 3d DCA· 1990-03-13 ·cited 18×
  The trial court erred in granting the defendants' motion for judgment notwithstanding the verdict, as there was sufficient evidence to support the jury's finding that the plaintiff was the procuring cause of the sale.
• Carrigan v. McNEILL
  521 So. 2d 199· Fla. 5th DCA· 1988-02-11 ·cited 18×
• Sanson v. Dutcher
  401 So. 2d 913· Fla. 4th DCA· 1981-07-29 ·cited 17×
  A real estate broker appeals a judgment awarding it a commission for selling a home after its exclusive listing agreement expired. The court affirmed, holding that the procuring cause doctrine applies to exclusive right of sale contracts even when the sale is consummated after ex
• B & B Super Mkts., Inc. v. Emil Metz
  260 So. 2d 529· Fla. 2d DCA· 1971-12-17 ·cited 17×
• Myron Retzky v. J. A. Cantor Assocs., Inc.
  192 So. 2d 24· Fla. 3d DCA· 1966-11-08 ·cited 17×
  A real estate broker sued a defendant for tortious interference with business relations, claiming the defendant bypassed the broker to purchase a hotel directly from the sellers, depriving the broker of a commission. The jury found for the broker in the amount of $27,500, and the
• Judson v. Mobley
  62 So. 2d 730· Fla.· 1953-01-20 ·cited 16×
  A real estate broker who merely showed property once and made no effort to satisfy a buyer's stated conditions for purchase cannot recover a commission when another broker procures the sale by satisfying those conditions.
• Cumberland Sav. & Tr. Co. v. McGriff
  61 Fla. 159· Fla.· 1911-01-01 ·cited 16×
  A real estate broker brought suit against a property owner for a five percent commission on the sale of real estate. The trial court found for the broker, awarding $375 and interest, and the Florida Supreme Court affirmed, holding that the broker was entitled to his commission be
• Skinner Mfg. Co. v. Douville
  54 Fla. 251· Fla.· 1907-06-01 ·cited 16×
  The court reversed a judgment for a real estate broker against a manufacturing company because inadmissible hearsay testimony was improperly allowed. This testimony, an outsider's opinion about the broker's efforts, was crucial and could have unfairly swayed the jury.
• Ehringer v. Brookfield & Assocs., Inc.
  415 So. 2d 774· Fla. 5th DCA· 1982-05-26 ·cited 15×
  The Ehringers appeal a judgment awarding Brookfield and Associates a real estate commission on the sale of their apartment complex. The court reverses, holding that Brookfield failed to establish it was the 'procuring cause' of the sale and that its agent violated her fiduciary d
• Realty Marts, Inc. v. Barlow
  312 So. 2d 544· Fla. 1st DCA· 1975-05-20 ·cited 15×
  A real estate broker sued sellers for commission under an oral open listing agreement, claiming he procured a purchaser for their land. The trial court granted an involuntary dismissal at the close of the broker's case, but the appellate court reversed, finding the broker establi
• Siegel v. Landquest, Inc.
  761 So. 2d 415· Fla. 5th DCA· 2000-05-19 ·cited 14×
  Siegel, a licensed real estate broker, appeals summary judgment denying his claim for a real estate commission on the sale of Osceola Trace property. The court vacates and remands because genuine issues of material fact exist regarding whether Siegel was the procuring cause of th
• Sunshine Yacht Sales, Inc. v. BOB Anslow Yacht Sales, Inc.
  669 So. 2d 342· Fla. 3d DCA· 1996-03-13 ·cited 14×
  Sunshine Yacht Sales appealed a venue transfer order, claiming it properly sued Maria Detzer in Dade County for breach of an exclusive yacht listing agreement. The court reversed, holding that venue was proper in Dade County because the breach involved failure to pay money due un
• Tallmadge v. Mortg. Fin. Grp., Inc.
  625 So. 2d 1313· Fla. 4th DCA· 1993-11-03 ·cited 14×
  The Fourth District Court of Appeal affirmed the denial of a motion to dismiss for lack of personal jurisdiction in a breach of contract action by a Florida mortgage broker against a California property owner for unpaid brokerage fees. The court held that the defendant's contacts
• Karelitz v. Damson OIL Corp.
  820 F.2d 529· 1st Cir.· 1987-06-05 ·cited 14×
  A finder's fee contract requires a causal connection between the introduction and the ultimate transaction, not merely a 'but-for' relationship.
• Lou Tassy & Holiday Realty, Ltd. v. Hall
  429 So. 2d 30· Fla. 5th DCA· 1983-03-02 ·cited 14×
  A Canadian real estate broker licensed in Ontario but not in Florida sought to recover a brokerage commission for helping procure a buyer for Florida land through a cooperating arrangement with a Florida broker. The court held that Section 475.41 of the Florida Real Estate Licens
• Shiah M. Arsham v. Banci
  511 F.2d 1108· 6th Cir.· 1975-02-24 ·cited 14×
  The court held that no valid contract existed because the plaintiff did not perform the act required for acceptance, and the defendant independently secured the customer.
• Masuda v. Kawasaki Dockyard Co., Ltd.
  328 F.2d 662· 2d Cir.· 1964-03-02 ·cited 14×
  The court held that the evidence was sufficient for the jury to find an oral employment contract existed and that the agent had the authority to make it, affirming the judgment.
• E. Atl. Realty & Inv. Inc. v. Gsomr LLC
  14 So. 3d 1215· Fla. 3d DCA· 2009-06-24 ·cited 12×
  Eastern Atlantic Realty appealed a judgment denying it a real estate brokerage commission when property subject to a right of first refusal was ultimately purchased by a third party rather than the original buyer. Biscayne Joint Venture (BJV) cross-appealed the denial of attorney
• Argo Marine Sys., Inc. v. Camar Corp.
  755 F.2d 1006· 2d Cir.· 1985-02-19 ·cited 12×
  The court held that the district court's finding of a specific oral agreement was clearly erroneous, and under New York law, Argo was the procuring cause for the Trinidad and LACONIAN sales, entitling it to commissions.
• Meyer Kotler and Helen G. Rechtschaffer v. Morris Kroop, Inc.
  354 So. 2d 110· Fla. 3d DCA· 1978-01-17 ·cited 12×
  The court reversed a judgment awarding a real estate broker a commission because the broker was not the procuring cause of the sale, which was negotiated directly between seller and buyer without the broker's assistance.
• Presser Royalty Co. v. Chase Manhattan Bank
  272 F.2d 838· 2d Cir.· 1959-12-15 ·cited 12×
  The court held that the evidence was insufficient to support the plaintiff's claims for a broker's commission, bad faith termination of contract, or recovery in quantum meruit.
• Lindeman v. Textron
  229 F.2d 273· 2d Cir.· 1956-01-23 ·cited 12×
  The court held that the jury could reasonably have returned a verdict for the plaintiffs, and the New York Statute of Frauds did not apply to bar the claim.
• Crosby v. Pac. S. S. Lines, Ltd.
  133 F.2d 470· 9th Cir.· 1943-01-25 ·cited 12×
  The court held that it was error to refuse to compel the production of correspondence for the special master's inspection to determine admissibility, as no sufficient showing was made to justify a claim of privilege.