case studies

Arbitration

  • Procuring Cause:

Our client a real estate broker filed an arbitration claim with Greater Boston Real Estate Board (“the Board”) against a fellow broker seeking damage from the fellow broker’s commission based on the theory of “procuring cause”. Our client represented the buyer in searching for a house for two years and showed her more than thirty properties. The buyer, without proper notice to terminate our client, retained the fellow broker hours after our client's last showing of the house she eventually purchased with the assistance of the fellow broker. The fellow broker received all the commission. We argued that our client shall be entitled to the full commission because he was the primary contributor causing the buyer to acquire the house. We represented the client in the arbitration presided by a five-judge panel of the Board and won a favorable ruling. We also reasoned that the fellow broker failed to ask the buyer if she was represented by any broker in violation of the broker code of ethics. Our client is awarded the entirety of the commission returned by the fellow broker.  Learn more about the case, click the link here.

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