Please wait as we prepare your PDF file ....

Mission Chronicle Blog

Search Blog

our goal is to help you stay informed by providing timely and interesting articles.

Taylor Swift’s team claims Douglas Elliman never ‘earned’ commission

03/08/2018

Download PDF

It’s nothing but bad blood now between Taylor Swift and New York big player brokerage Douglas Elliman.

Three companies owned by the mega popstar — Firefly Entertainment Inc, 13 Management LLC and Euro Tribeca LLC — are attempting to quash a Jan. 25 lawsuit filed by the brokerage over a $1.1 million commission Swift allegedly owed to one of Douglas Elliman’s Manhattan-based agents, Andrew Azoulay of The Azoulay Miles Team, for Swift’s purchase of an $18 million townhome in New York City last year.

On March 6, according to court documents and as first reported by The Blast, Swift’s companies filed a motion to dismiss on the grounds that Douglas Elliman played “no material role” in the real estate transaction in question, regardless of an email agreement that Douglas Elliman claims was the basis of a contract.

Screen shot of the motion to dismiss, page 1 of 17

Douglas Elliman claims Swift’s management gave Azoulay a “written exclusive promise” to represent Swift in the purchase of a property, but in the end, another broker was used to close the deal in October. The agent is asking $1,080,000 (the 6 percent commission he would have received from the sale) for breach of contract and what he calls “tortuous interference with contract damages.”

The motion to dismiss calls the brokerage’s complaint “the latest in a long line of lawsuits brought by plaintiff Douglas Elliman seeking commissions for real estate transactions in which it had little or no involvement,” and states that the extent of Azoulay’s work entailed a single showing and providing “basic information” about the property, after which Swift’s companies never had any contact with the agent again.

What’s stopping you from putting in the effort? Tom Ferry: How to get out of your coma and supercharge your production READ MORE

In court documents, Azoulay said in February last year he started working with Swift’s management team during which time he showed them the home with the possibility of an off-market deal.

Screen shot of the motion to dismiss, page 8 of 17

Later that month, the agent received an email from Swift’s Firefly Entertainment/13 Management team saying they would “solely” work with him for the purchase of the 5,148 square-foot townhouse. On the basis of this email, he got a blueprint of the Franklin Street home, introducing Swift’s management team to the then owner.

Azoulay said he heard nothing from Swift’s team since March 2017, and he assumed they had found another property. But in October, he discovered Swift’s company had purchased the home for $18 million using another broker. It was next to a home she already owned, according to press reports.

Swift’s companies acknowledge receiving the email but argue that “it is a longstanding and well-established rule in New York that a broker is not entitled to a commission on a real estate sale unless he or she is the ‘procuring cause’ of the transaction,” which it claims is not the case given Douglas Elliman’s “minimal efforts” in the deal. As such, the motion argues, Douglas Elliman would have needed a “special contract” outlining all the terms of the arrangement — rather than the email alone — in order to allege breach of contract.

“There are no allegations the parties ever reached a meeting of the minds regarding the amount of compensation to be paid, when or how that compensation would be earned, or the duration of the exclusivity period,” the motion reads.

Screen shot of written promise emailed to agent. Courtesy of New York County Clerk’s office.

“[Douglas Elliman] makes no pretense that Azoulay actually earned that tremendous commission; instead, Elliman argues that Azoulay was ‘wrongfully prevented from earning the real estate brokerage commission,’” reads the motion to dismiss.

The judge has yet to rule on the case, which is ongoing. Douglas Elliman told Inman it would not be commenting on any litigation.

Email Gill South

Source: click here

Read More

INSPIRED, INTELLIGENT, INSIGHTFULL

STAY INFORMED WITH TIMELY AND INTERESTING ARTICLES FROM OUR BLOG, MISSION CHRONICLE. OUR ASPIRATION IS TO PROVIDE REALTORS AND OTHER REAL ESTATE INDUSTRY PROFESSIONALS WITH EXCEPTIONAL RESOURCES AND SHARE OUR KNOWLEDGE TO PROPEL YOU TO YOUR GOALS.

  • Show potential buyers everything about a development with Imerza

    Have suggestions for products that you’d like to see reviewed by our real estate technology ex...

  • Selling the city in 2021

    The lights are coming back on in the city that never sleeps. For much of 2020, I could see how many ...

  • 360 tour provider Peek has big plans for the industry

    Have suggestions for products that you’d like to see reviewed by our real estate technology ex...

  • The 4 interior architecture trends you should know for 2021

    Interior design has long been a top consideration for luxury buyers—and recently, interior archite...

  • Interest in Instashowing soars: Is it the next ShowingTime?

    Have suggestions for products that you’d like to see reviewed by our real estate technology ex...

  • Exodus or opportunity? Why your clients should be looking to the city

    In 2020, one of the most transformative trends in the luxury real estate industry was the mass movem...

  • Virtual 3D marketplace All3D is here for real estate

    Have suggestions for products that you’d like to see reviewed by our real estate technology ex...

  • 3 tips for preparing a vacation home for sale

    As a real estate agent, my specialty is selling vacation properties in Cape Cod. I also live in the ...

  • Numa helps you respond to every lead, every time

    Have suggestions for products that you’d like to see reviewed by our real estate technology ex...

  • Paying it forward: How referrals benefit your business

    The significance of referrals can’t be overstated, especially in the luxury real estate space. But...

March 2021
Mon Tue Wed Thu Fri Sat Sun
1234567
891011121314
15161718192021
22232425262728
293031  

  • Polls

    What information you are looking for?

    View Results

    Loading ... Loading ...
  • Last month Results

    How Is My Site?

    • Good (100%, 3 Votes)
    • Excellent (0%, 0 Votes)
    • Bad (0%, 0 Votes)
    • Can Be Improved (0%, 0 Votes)
    • No Comments (0%, 0 Votes)

    Total Voters: 3

    Vote

    Loading ... Loading ...