ROTEMI REALTY, INC. v. ACT REALTY CO., INC.

No. SC04-210.

911 So.2d 1181 (2005)

ROTEMI REALTY, INC., et al., Petitioners, v. ACT REALTY COMPANY, INC., Respondent.

Supreme Court of Florida.

Rehearing Denied September 13, 2005.


Attorney(s) appearing for the Case

Sheldon R. Rosenthal of the Law Offices of Sheldon R. Rosenthal, Miami, FL, for Petitioners.

Silvia M. Gonzalez of Silvia M. Gonzalez, P.A., Miami, FL, for Respondent.

Melinda L. McNichols, Miami, FL, for Amicus Curiae The School Board of Miami-Dade County, Florida.

Henry T. Sorensen, II of Brokers Legal Group, P.A., Palm Harbor, FL, for Amicus Curiae Cres Commercial Real Estate of Tampa Bay, Inc.


CANTERO, J.

We consider whether the common practice of paying real estate commissions contingent on consummation of the sale violates the public policy of this state when applied to a purchase or sale by the government. In the decision we review, the Third District Court of Appeal invalidated such an arrangement, concluding that "contracts which provide for contingency awards for securing public monies are against public...

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