Attorney Lynn Anne Brauer's Legal Cases

Real estate

Sopczak v. Orlando

Nov 09, 2007

OUTCOME: Voluntary Dismissal by Plaintiff

Plaintiff sued Orlando and his realtor stating that the square footage of the property as advertised was larger than the actual square footage of the property. Plaintiff had a home inspection and an a ... ppraisal that indicated the actual square footage of the home and his mortgage company verified that the sales price was adequate. Ms. Brauer sent a notice to Plaintiff's counsel requesting a dismissal of the case in order for the Plaintiff to avoid being responsible for Orlando's attorney's fees and costs. Ms. Brauer filed a Motion for Summary Judgment stating that the realtors and Orlando had no knowledge of the actual square footage of the property, that Plaintiff had reasonable opportunity to inspect the property, that Plaintiff, in fact, inspected the property (through his agents) and discovered the defect prior to purchase, and that the change in price for the property was a result of the change in market conditions and not as a result of any misrepresentation. The Plaintiff then filed a voluntary dismissal of the case with prejudice as a result of the filing of the Motion for Summary Judgment. Ms. Brauer then applied for attorney's fees and costs associated with the case, which were granted against both the Plaintiff and the Plaintiff's counsel as a result of the bad faith filing of the complaint.

Real estate

Orlando v. Estate of Migliori

Oct 15, 2007

OUTCOME: Final Judgment in favor of Plaintiff

Orlando entered into a contract with Mr. and Mrs. Migliori to purchase their home. The Miglioris had second thoughts and refused to follow through with the contract. Mr. Migliori attempted to establi ... sh a guardianship over Mrs. Migliori and claimed she was incompetent at the time the contract was signed. When both Mr. and Mrs. Migliori passed away, their daughter became personal representative and the case continued. After a day-long trial, the Court found that insufficient evidence was presented that Mrs. Migliori was incompetent and that Mr. Migliori and his children were in the wrong when they refused to close the transaction. The Court ordered that the Miglioris transfer the property to Mr. Orlando for the contract price within 30 days.

Real estate

Burchfield vs. Realty Executives

N/A

OUTCOME: Summary Judgment for Defendant

Plaintiff sued Realty Executives for breach of fiduciary duty with regard to defects in the property. Realty Executives was a transactional broker. The statutes involving realtors state that transact ... ional brokers specifically do not have a duty of loyalty, even if they represent one party. Unless a disclosure stating the realtor is exclusively representing one party or another, the law presumes they are a transactional broker. The court granted summary judgment finding that Reatly Executives did not owe a fiduciary duty to Plaintiff, as it was a transactional broker. The case was affirmed with decision by the Fifth District Court of Appeals and the Supreme Court denied jurisdiction to hear the case. On November 13, 2008, Realty Executives was awarded attorney's fees and costs totaling approximately $13,000.00, but the order and final judgment have not yet been signed.

Real estate

Arnold v. Kirk

N/A

OUTCOME: Directed Verdict for Defendant

Plaintiff sued the Kirks for non-disclosure of defects in the property. The items allegedly not disclosed or misrepresented were a termite infestation and that the property was of wood construction an ... d not block construction. Originally, the realtors were involved in the case, but Plaintiff's realtor settled with Plaintiff and the Kirks' realtor was dismissed as having no liability (realtor was also represented by Lynn Brauer). After several years of discovery, the case came for trial in March 2008. Plaintiff did not provide proof of damages, and Ms. Brauer moved for directed verdict. The Court gave every opportunity to Plaintiff's attorney to produce proof of damages, but in the end granted Ms. Brauer's motion. The Court also granted directed verdict for the equitable claims raised by the Plaintiff based upon Ms. Brauer's motions. Ms. Brauer has filed a Motion for Attorney's Fees and Costs and Motion for Entry of Final Judgment to completely resolve the case, which will be heard in mid-December.

Real estate

Burchfield v. Realty Executives

N/A

OUTCOME: Judgment for realtor, appealed and won on appeal

Purchaser of real property sued realtor because the home inspector recommended by the realtor did not find termite and water damage. The issue was whether the realtor had a duty to the purchaser as buy ... er's agent with regard to the recommendation.

Lynn Anne Brauer's Legal Cases (5)

Sopczak v. Orlando

Orlando v. Estate of Migliori

Burchfield vs. Realty Executives

Arnold v. Kirk

Burchfield v. Realty Executives