Luxury broker Rose Bauer will not be having a examine for fifty percent a million pounds in link with the $10.4 million sale of a Fisher Island condominium.
Miami-Dade Circuit Court docket Choose Mark Blumstein lately dismissed a lawsuit, filed by Bauer and her enterprise Rivero Serious Estate, in opposition to brokers Dora Puig, Mayi de la Vega, their brokerages and customers Dennis Lehman and Kelley Kosow. In her lawsuit, filed in Oct, Bauer alleged that Puig and de a Vega went powering her back again to shut a 2019 offer with Lehman and Kosow for a four-bed room unit at Palazzo Della Luna. As a end result, Bauer claimed she and Rivero Actual Estate skipped out on a 5 % commission, or approximately $520,000, even nevertheless she was the most important broker symbolizing the buyers.
“We are disappointed in the final result of this matter, but even so regard the court’s final decision,” reported David Haft, an attorney for Bauer and Rivero True Estate.
Puig, de la Vega and their attorneys did not respond to requests for comment. Paul Breitner, the law firm for Lehman and Kosow, declined comment.
Lehman, founder and president of Lehman Plumbing Source, and Kosow, his spouse, in the beginning retained Bauer to assist them in obtaining a new marital household. All 3 signed a registration agreement with Fisher Island Genuine Estate on June 2, 2018, in accordance to courtroom paperwork. As portion of her lawsuit, Bauer incorporated a duplicate of the agreement that said she and Rivero were being the couple’s exceptional brokers for the purchase of a unit at either Palazzo Del Sol, which at the time was just done, or Palazzo Della Luna, which was beneath design at the time.
But Lehman and Kosow, with Puig’s aid, replaced Bauer and Rivero with de la Vega, by building her and her brokerage Just one Sotheby’s Global Realty the special agents for a order at Palazzo della Luna, the lawsuit claimed.
In a movement to dismiss the lawsuit, Puig argued that Bauer and Rivero Genuine Estate did not fulfill the co-broker registration arrangement in order to obtain a fee, and that she was only symbolizing Lehman and Kosow with respect to a sale at Palazzo Del Sol. The pair signed a order settlement for their device on Oct. 31, 2018, two months just after Bauer’s registration settlement expired, which is an additional motive she is not entitled to a commission, in accordance to Puig’s movement to dismiss.
In addition, Bauer and Rivero Authentic Estate signed yet another arrangement in which they particularly acknowledged de la Vega and One particular Sotheby’s represented the couple with regard to the sale of a Palazzo Della Luna purchase, Puig’s motion noted.
“Plaintiffs agreed that a fee on the sale of a condominium device to Mr. Lehman in Della Luna would be thoroughly paid to Mayi de la Vega, although a fee on a sale of a condominium unit to Mr. Lehman in del Sol would be appropriately paid out to them,” the motion states. “The arrangement was asked for by Mr. Lehman to make clear just who was representing him as to each and every independent developing.”