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Lipson Neilson – Law Firm in Bloomfield Hills, Michigan

3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302

Phone:
(248) 593-5000

Fax:
(248) 593-5040

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Lipson Neilson – Law Firm in Las Vegas, Nevada

9900 Covington Cross Drive
Suite 120
Las Vegas, NV 89144

Phone:
(702) 382-1500

Fax:
(702) 382-1512

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Lipson Neilson – Law Firm in Phoenix, Arizona

5343 N. 16th Street
Suite 140
Phoenix, AZ 85016

Phone:
(602) 626-8888

Fax:
(602) 626-5588

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Lipson Neilson – Law Office in Reno, Nevada

1 E. Liberty Street
Suite 600
Reno, NV 89501

Phone:
(775) 420-1197

Fax:
(702) 382-1512

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Lipson Neilson – Law Office in Colorado Springs, Colorado

102 S. Tejon Street
Suite 1100
Colorado Springs, CO 80903

Phone:
(720) 601-8008

Fax:
(702) 382-1512

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Arizona Court of Appeals Affirms Summary Judgment and Attorney’s Fees in Favor of Lipson Neilson’s Client

John Browder
John Browder

In a case handled by John Browder over an $89,700.00 real estate commission, the Arizona Court of Appeals affirmed the trial court’s summary judgment in favor of the real estate brokerage and agent. Click here for published opinion.

The appellant had alleged that the broker for the real estate company had violated Arizona Revised Statute 32-2151.01(G) by failing to initial the listing agreement within ten business days of the parties signing it and, as such, the brokerage was not legally entitled to the commission.

In  upholding the trial court’s ruling, the Court of Appeals drew a legal distinction between a failure to comply with a substantive statutory requirement, which could preclude an agent from suing to collect a real estate commission, and a failure to comply with a “regulatory” statutory requirement, which would not bar the agent from suing to recover a real estate commission.

The Court of Appeals affirmed the trial court’s summary judgment order as a matter of law, reasoning that even if the brokerage had violated Arizona Revised Statute 32-2151.01(G), the violation was of a “regulatory” statutory requirement and could not serve as a bar to the agent’s entitlement to the commission.  The Court of Appeals also affirmed the trial court’s award of attorneys’ fees to the real estate brokerage and agent.

About Lipson Neilson
Founded in 1985, Lipson Neilson has grown from three attorneys in a Detroit office to having a national presence with offices in Phoenix (AZ), Las Vegas and Reno (NV), Colorado Springs (CO). Bloomfield Hills and Grosse Pointe (MI). The firm is widely known for its successful track record in litigation offering invaluable insight and experience to its clients across all industries.

Contact: John Browder
Phone: 602-626-8888
Email: JBROWDER@lipsonneilson.com

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