Exxess Electronixx v. Heger Realty Corp.

Opinion

MASTERSON, J.

After entering into a standard commercial lease, the lessee discovered several defects in the premises that interfered with its use of the property to conduct business. The lessee sued its broker for declaratory relief, constructive fraud, breach of fiduciary duty, and equitable relief, alleging that the broker should have disclosed the defects before the lease was executed. Eventually, the action was settled and dismissed.

The broker then moved for attorneys’ fees pursuant to a provision in the lease which provided that “[i]f any Party or Broker brings an action or…