The plaintiffs, a realtor and his brokerage, sought to recover real estate commissions and leasehold improvement costs from the defendants related to the purchase of commercial units.
The defendants raised limitations and illegality as defences, arguing the realtor breached regulatory duties and that an "entire agreement" clause precluded the claims.
The court found the claims were not statute-barred, the entire agreement clause did not apply to exclude the agreed-upon costs and interest-free period, and the defence of illegality was not applicable despite some regulatory breaches by the realtor, as it would result in unjust enrichment for the buyers without prejudice.
The action was allowed in part, holding the individual defendant and two corporate defendants liable for the outstanding amounts with pre-judgment interest, while one corporate defendant was found not liable for a specific unit.
