Gauthier v. Florida Real Estate Commission

This court writes that the actions of the circuit court and the “subsequent action by the Commission, were not based on a brokerage transaction.” I disagree and therefore I dissent.

The resolution of this case turns upon the definition of “real estate transaction.” This court’s opinion accepts Gauthier’s argument that the Commission improperly granted recovery from the Fund because the Smiths’ judgment against him was for damages suffered as a result of a breach of contract rather than for a cause of action “based on a real estate brokerage transaction” or any violation of Chapter 475. See §§…