Three related Small Claims Court actions involving disputes over real estate commissions between a real estate broker and a businessman.
The businessman claimed a 50% split of commissions based on verbal agreements for three property transactions in 2017 and 2018.
The court held that these verbal agreements were unenforceable under section 4 of the Statute of Frauds, as they concerned an interest in the sale of lands, and the part performance exception did not apply.
A separate dispute arose over a 2021 transaction involving a written Buyer Representation Agreement.
The broker's claim for commission was dismissed because it was barred by a Full and Final Release executed following a prior arbitration settlement.
The businessman's reciprocal claim for a share of that commission was also dismissed because he was not personally a party to the agreement and could not pierce the corporate veil of his own companies to claim entitlement.
All claims and a related defendant's claim for contribution and indemnity were dismissed.
