(Boston, MA) (June 3, 2024) - In a significant legal triumph, Luana DiSarra Scavone, a partner in the Boston office of Wood Smith Henning & Berman (WSHB), successfully obtained the dismissal of all claims in a professional liability complaint filed against a real estate agent and their brokerage firm. The Massachusetts Board of Real Estate Brokers and Salespersons issued a favorable decision, clearing the respondents of all allegations.
The complaint alleged that the real estate agent's purported mishandling of a transaction resulted in the complainant's inability to obtain a mortgage extension, the loss of her deposit money, the failure to consummate the sale, and alleged pain and suffering. Additional claims of duress and self-dealing were also asserted against the agent.
Respondents prevailed by demonstrating that the real estate agent complied with all relevant regulations, codes of ethics, and professional standards applicable to real estate professionals. The evidence showed that the realtor did not engage in any wrongful or unprofessional conduct during the transaction. It was established that the buyer's actions and the excessive delays by her lender, which caused the mortgage financing extension to lapse, could not be attributed to the realtor. The buyer's failure to secure the required mortgage approval was the reason for the lost deposit, not the realtor's conduct.
"The dismissal of all claims underscores the importance of adhering to professional standards and the responsibility of buyers to meet their financial obligations. It is a victory not just for our client but for all real estate professionals who conduct their duties with integrity," said Luanna, Partner, who represented the Respondents.
In its decision, the Board reviewed the response and supporting exhibits provided by the Respondents and determined that no further investigation or formal hearing was necessary. The board voted to dismiss all counts against the real estate professional and brokerage firm.
"This victory is a testament to the dedication and expertise of our legal team," said Luana. "It reinforces the importance of prospective buyers fulfilling their financing requirements and contractual obligations, rather than placing blame on their realtor when a real estate transaction fails to materialize."
This ruling is a significant affirmation of the accountability prospective buyers must uphold in meeting their financing and contractual obligations, rather than unfairly attributing blame to their realtors for failed transactions.
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