The plaintiff brought a motion for summary judgment seeking the return of $70,000 from a forfeited deposit, which was paid to the defendant realtor as commission.
The plaintiff alleged he was misled into signing a mutual release without proper legal advice, believing he was legally obliged to pay the commission despite the transaction's non-completion not being his fault.
The defendants asserted the payment was based on a subsequent verbal agreement providing consideration.
The court dismissed the motion for summary judgment, finding genuine issues of credibility regarding the plaintiff's receipt of legal advice, alleged misrepresentation, duress, and the existence of the verbal agreement, which necessitate a full trial.
