Listing expiration stall
The buyer or seller delays closing until your exclusive agreement runs out, then closes without you.
Broker commission litigation
Procuring Cause Fraud & Broker Commission Litigation in Miami
Were you cut out of a real estate commission you earned? Josef Timlichman tried the Miami-Dade case that ended in a $47.83 million jury verdict for a broker deprived of an $84,000 commission.
Common commission schemes
Shell LLC buyers
A new company is formed to hide that the buyer is the same person you introduced.
Straw brokers
A friend or relative is named agent of record so the commission flows back to the principals.
Tortious interference
A third party deliberately disrupts your brokerage agreement to take the deal for themselves.
Frequently asked questions
What is "procuring cause" under Florida real estate law?
In Florida, a real estate broker or agent establishes procuring cause if they initiate an unbroken chain of events that directly results in a sale or lease. You generally must do more than introduce a buyer to a property; you must actively foster the relationship and move negotiations toward a closed deal without a break in the continuity of your efforts.
How do buyers or sellers commit procuring cause fraud?
Commission fraud often happens right before closing. Common tactics include stalling until an exclusive listing agreement expires, setting up a shell LLC to hide the true buyer's identity, or using a relative or "straw broker" as a dummy agent of record to divert the commission back to the principals.
Can a broker recover punitive damages if they are cut out of a commission?
Possibly. A standard breach of contract claim rarely permits punitive damages, but a broker may pursue them by proving independent torts such as civil conspiracy, fraud in the inducement, or tortious interference. In a Miami-Dade County case handled by Josef Timlichman Law, a jury awarded $28 million in punitive damages after finding an intentional scheme to deprive an agent of an $84,000 commission. Every case is different, and past results do not guarantee a similar outcome.
What evidence do I need to win a broker commission dispute?
Document the full timeline. Useful evidence includes texts or emails showing you introduced the buyer, showing logs, drafts of unexecuted offers, and registration forms that show an unbroken chain of communication between you and the parties.