Labarerre v. Cervera Real Estate, Inc.
Labarerre v. Cervera Real Estate, Inc.
Opinion of the Court
Fausta Labarerre appeals the entry of summary judgment in favor of her former employer, appellee Cervera Real Estate, Inc., in which she sought to recover unpaid real estate commissions. We reverse because there are issues of material fact that preclude the entry of summary judgment.
On September 15, 1998, Labarerre and Cervera entered into a contract in which Labarerre “register[ed] ... Frederic Rado, his family business and/or assigns” as her “client” with Cervera. The contract mentions Frederic Rado’s contact with La-barerre in which he solicited her help in the purchase of particular site or “any other” site in the same area. The contract also mentions Frederic Rado’s interest to seek Labarerre’s and Cervera’s help in the development of the “Bel-Air Hotel site.” Labarerre and Cervera also agreed to “split 50/50 the commission received by Cervera ... of whatever business [they] do with this client and others that might arrive through him.”
Frederic Rado’s father, Gabor Rado, eventually developed the Bel-Aire Hotel site into a condominium project. On February 8, 2002, Gabor Rado listed the Bel-Aire Hotel site with Cervera who in turn marketed the project and sold a number of condominiums. Labarerre, however, did not receive any commission from those sales.
Reversed and remanded for trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.