Real Estate Broker Commission Enforced Against Buyer in Succesful Jury Trial

The start of the holiday season has been hectic for me, and not due to holiday parties, gift shopping, or the many other things that come up in November/December each year. I’m pleased to report that I had a successful jury trial last week in Middlesex Superior Court concerning a real estate broker’s commission owed to my client.

The jury found in my client’s favor on claims of promissory estoppel and Chapter 93A. This verdict sends a clear message that buyers cannot escape their contractual and ethical obligations to the professionals who help them acquire property.

Unfair Tactics to Avoid a Broker Commission

The case centered on a 2018 real estate sale. My client, a real estate broker, had introduced the defendant (a developer) to a promising investment property. My client spent significant time and resources helping to make this transaction go forward.

The defendant later withdrew his offer. Incredibly, the very next day, the defendant’s business partner submitted a replacement offer on similar terms, which was accepted—all while using a different realtor to cut my client out of its rightful broker commission.

A Strong Stand Against Deceptive Practices

The jury correctly found that this conduct constituted unfair and deceptive business practices under Chapter 93A. This finding is key, as it can justify an award of punitive damages and attorney fees for willful and knowing violations. The jury similarly found a violation of promissory estoppel: a legal claim for matters that fall outside the requirements of a formal contract.

Jury trials are never just about the law. Instead, they are mini plays, with a cast of characters, unexpected turns, and a few surprises along the way. Here, I needed to convey the points of my case in a way that a juror (who may have limited experience in real estate) would understand.

This successful outcome ensures my client received the compensation they earned and reinforces the legal protections available to real estate professionals in Massachusetts when facing bad-faith dealings.

Conclusion

If you need assistance with a real estate matter, contact me for a consultation.