Historical list
of cases and issues.
Larry testified at 6 trials and 23 depositions.
With few exceptions,
real estate brokers were named as defendants in the complaints. Issues
include: obligation to disclose known latent defects, negligence,
failure to meet the standard of care, malpractice, self-dealing, fraud,
and false advertising. There are also procuring cause and commission disputes,
some quite substantial.
48 of the
69 lawsuits are related to
residential properties and transactions, 18 relate to commercial
transactions or brokers, and 3 did not involve property or transactions
(#23, 28, 65). Most complaints charge Realtors, some
charge real estate brokers who are not Realtors, while a couple of
cases have no licensees on either side. Many are classified as "Insurance Defense",
and 13 are commission or fee disputes.
Larry has worked with dozens of law firms, including:
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Cole, Scott & Kissane
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Lichtfield Cavo
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Hoover Andrews
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Bush Ross
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Madison Mroz
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Padula Bennardo Levine
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Morgan & Morgan
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Smith, Gambrell & Russell
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Taylor Day
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Liebler, Gonzalez & Portuondo
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Gray Robinson
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Warren R.
Trazenfeld
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Counties, States, Cases, and the Questions.
1.
BROWARD --
Retained by Defendant's attorney (Insurance
Defense)
$500K RESIDENTIAL TRANSACTION
The Question: Did Listing Realtor fail to disclose
known but hidden material
fact about termite damage in immaculate-appearing home? Research and Opinion only, after which I withdrew.
2.
MIAMI-DADE --
Retained by Defendant
$900K COMMERCIAL TRANSACTION / Commission dispute
The Question: How much commission -- if any -- is owed
another broker?
Research and consultation on
commission dispute between commercial brokers.
3.
MIAMI-DADE -- Retained by Would-be
buyer
FAILED $3M COMMERCIAL TRANSACTION
The Question: Did Realtor make false promises
to buyer? Research, opinion, consultation After Plaintiff was
referred to attorney, parties settled.
4.
BROWARD --
Retained by Defendants' attorney (Insurance
Defense)
SMALL RESIDENTIAL TRANSACTION
The Question: Did listing Realtor knowingly overstate living area of condominium?
Research, opinion, and consultation. Parties settled..
5.
MIAMI-DADE --
Retained by Developer/Plaintiff
REALTOR MALPRACTICE,
RESIDENTIAL
The Question: Is Realtor in violation of FS 475 and Realtors' Code of Ethics
by locating her office in a parking lot and
using the trunk of her car to store books and
records? Research, opinion, consultation, and preparation of FREC complaint
6.
MIAMI-DADE
Retained by Defendant
COMMERCIAL BROKERS' DISPUTE
/ Procuring Cause
The Question: Did Realtor interfere with another broker's listing? Research, consultation, and preparation of questions for attorney.
7.
COLLIER -- Retained by Plaintiffs' attorney
FAILED $500K RESIDENTIAL LOT
SALE The Question: Did Realtor and Buyer conspire to defraud Sellers
who cancelled closing because Sellers wanted to get a higher price?
Research and
consultation,
after which I withdrew.
8.
MIAMI-DADE --
Retained by Defendants' attorney (Insurance
Defense)
FAILED $850K RESIDENTIAL NEGOTIATIONS
The Question: Did Realtor mislead Buyer by not disclosing
existence of
multiple offers? Research, opinion, and consultation. Parties settled.
9.
UPSTATE FLORIDA--
Retained by Defendants' attorney
$60K RESIDENTIAL COMMISSION DISPUTE
/ Procuring Cause
The Question: Did Realtor earn a commission
based on the listing contract's sale price when property
was leased and not sold? Research and verbal opinion.
10.
COLLIER --
Retained by Plaintiff's attorney
RESIDENTIAL PROPERTY
The Question: Was broker dishonest in the listing &
selling of of a property by not disclosing a a conflict of interest?
(Broker was partner
of seller.)
Research and opinion.
11.
BROWARD --
Retained by seller/defendant
FAILED RESIDENTIAL TRANSACTION
The Question: When Realtors were Buyers, were they negligent &
unethical? Research, opinion, prepared FREC, Board of Realtors complaints.
Plaintiffs dropped suit.
12.
PALM BEACH -- Retained by Defendants' attorney
(Insurance
Defense)
$930K RESIDENTIAL INVESTMENT
The Question: Did Realtor know of and fail to disclose
known material
facts that were clearly visible
to the buyers and their agent? Research, opinion, consultation,
deposition, prepare graphics.
Court
directed
a verdict to dismiss and
plaintiff later dropped his appeal.
13.
LEE COUNTY -- Retained by Plaintiffs' attorney)
FAILED
$590K RESIDENTIAL TRANSACTION
The Question: Were listing agent & broker negligent when agent
contracted to directly buy listing for his own account? Research, affidavit,
deposition. Parties settled before trial.
14.
BROWARD --
Retained by Plaintiffs' attorney
FAILED
RESIDENTIAL NEGOTIATIONS The Question: Was Listing Realtor honest and ethical in listing and selling a
property to his own customer and stalling Plaintiff's higher offer?
Research, opinion, consultation, and deposition,
after which I withdrew.
15.
OKEECHOBEE -- Retained by Defendant's attorney
FAILED
$700k COMMERCIAL TRANSACTION
The Questions: Was Broker negligent in
preparing and presenting a purchase-sale
contract and in its supervision of the
transaction? Did Seller default? This complex matter involves cross claims.
Research, opinion, consultation, and deposition,
after which I withdrew.
16. MIAMI-DADE --
Retained by Defendant's attorney
$5.8M COMMERCIAL TRANSACTION The Question: were the agents negligent in providing
rental market
research data for the buyer? Research only, parties settled.
17. MIAMI-DADE
--
Retained by
Plaintiffs' attorney
$800K RESIDENTIAL TRANSACTION The Question: did broker knowingly fail to disclose known latent defects,
including code violations, to buyer? Research, opinion, consultation,
deposition. Parties
settled.
18.
ORANGE --
Retained by
Plaintiffs' attorney.
$1.8M
COMMERCIAL TRANSACTION
The Question: did agent neglect his statutory duties to buyer in a
questionable transaction involving multiple assignments of a contract for
the purchase of vacant land?
Research, opinion, consultation,
testimony at jury trial in circuit court,
9th district. Jury ruled that defendant was 80% responsible for
loss.
19.
COLLIER --
Retained by pro se
plaintiff
SMALL RESIDENTIAL TRANSACTION
The Question: did seller and agent fail to disclose
known hidden defects (water
intrusion) that materially
affected
the value
of the property? Opinion, consultation, deposition, affidavit.
20.
WALTON -- Retained by Plaintiffs' attorney
FAILED
$4M COMMERCIAL TRANSACTION
The Question: were the agent and firm negligent and/or deceptive
as to the preparation of documents, and were they derelict in their duties
owed to buyers in a transaction? Research, affidavit, deposition.
Parties settled
21. PALM
BEACH --
Retained by Defendant's attorney
$3.4M COMMERCIAL TRANSACTION
/ Procuring Cause dispute
The Questions: Which broker was procuring cause of the
sale of a warehouse and due a commission? Did
plaintiff fulfill a verbal contract with the seller regarding procuring a
buyer, thus earning a $98,000 commission?
Research, opinion,
deposition, and
testimony at bench trial
in circuit
court, 15th district.
Upon conclusion, the Court ruled for defendant.
22.
BROWARD --
Retained
by Plaintiff's
attorney
SMALL RESIDENTIAL TRANSACTION
The Question: did agent fail to disclose
use of noxious Chinese drywall?
Was agent required to investigate construction details?
Research & consultation, after which I withdrew.
23.
FEDERAL COURT --
Retained by
Plaintiff's
attorney 7-FIGURE WHISTLEBLOWER SUIT,
NO TRANSACTION (Middle District,
Jacksonville)
I addressed a small part of a case that did not involve a real estate
transaction but did involve the Plaintiff's sideline persona as a real
estate agent, in an issue raised by the Defendant as a strategy to get
the case tossed. The Question: are statements in Realtor's web site false? Research, opinion, videotaped
deposition. Defendant did not
dispute my testimony on the subject and no longer relied on the earlier
strategy.
24.
HILLSBOROUGH -- Retained by
Defendants' attorneys (Insurance
Defense) $580K
RESIDENTIAL TRANSACTION
The Question: did
Realtors falsely advertise a property by failing to disclose in the MLS
that a sinkhole was below the house? Research only, parties settled.
25.
ORANGE --
Retained by Defendants'
attorneys (Insurance
Defense)
$3.5M
RESIDENTIAL TRANSACTION The Question:
would a new home that required significant structural corrections be
stigmatized and price-handicapped in the resale market? Research, economic opinion,
deposition. Parties settled.
26.
ST. JOHN'S --
Retained by
Plaintiff's attorney
$955K
RESIDENTIAL TRANSACTION
The Questions:
did agents properly handle the issue of suspected construction defects
in a house built on sand? Did their conduct contravene FS
475 & the Code of Ethics? Research, consultation, and opinion.
Settled at mediation hearing.
27.
MIAMI-DADE --
Retained by
Plaintiff's
attorney
FAILED $1.225M
RESIDENTIAL TRANSACTION
The Question: did listing
agent fail to meet obligations to
seller as required
by FS 475 and Realtors' Code of Ethics? (Mortgage fraud was a
side issue.)Research and
consultation, after which I withdrew.
28.
MICHIGAN
--
Retained by Plaintiff's attorney
REALTOR ETHICS HEARING
APPEAL The Question: was the Realtor denied due process at and after the Ethics
Hearing that found him in violation of the Realtor Code of Ethics?
Research and affidavit / opinion.
29.
ORANGE -- Retained by Defendant's attorney
$96K COMMERCIAL COMMISSION DISPUTE
/ Procuring cause
The Question:
did Realtor earn a $96,000 commission
based on the listed sale price
when a commercial property
was simply leased and not sold? Research and consultation.
Broker Plaintiff
withdrew suit, parties settled.
30.
WEST VIRGINIA --
retained by Plaintiffs'
attorney
TROUBLED $160K
RESIDENTIAL TRANSACTION
The Questions:
Did Realtor and seller fail to disclose a known latent defect to buyers?
Did Realtor
wrongfully sign (forge) owner's name to seller disclosure? Research and consultation. Parties settled.
31.
PALM BEACH --
retained by Plaintiff's attorney.
$1.70M RESIDENTIAL
TRANSACTION /Commission Dispute
The Questions: did
cooperating Realtor agree to procure a buyer for $0 commission?
Are verbal listings enforceable?
Research, consultation, opinion,
deposition, testimony at jury trial.
Jury deliberated briefly before awarding the plaintiff
full damages. "Larry,
good news - we won! Jury deliberated for
all of ten minutes and awarded us the full $51k.
Thanks for your help." JW,
retaining attorney.
32.
ORANGE -- retained by Plaintiff's attorney
FAILED $3.4M RESIDENTIAL TRANSACTION
The Question:
Did listing Realtors misrepresent the property in the MLS and did their
conduct fail to meet the standards of care required by FS 475 and Realtor Code of Ethics? Research, consultation, and opinion. Parties settled.
33.
BROWARD pre-suit, retained by pro se Plaintiff/attorney
FAILED $625K RESIDENTIAL TRANSACTION
The Questions: Did listing Realtor
present a true picture of mortgage status, & did her conduct fail
to meet the standards of care required by FS 475 & the
Realtor Code of Ethics? Research, consultation, and opinion. Parties settled.
34.MIAMI-DADE --
retained by Plaintiff's attorney in legal
malpractice suit.
TROUBLED $2.2M COMMERCIAL
TRANSACTION
The Question:
did agent fail to disclose a known latent defect about permitted uses to the
party conducting due diligence for the buyer? Consultation only, parties settled.
35.
NORTH DAKOTA
--
retained by Defendant's attorney (Insurance Defense) TROUBLED NEW RESIDENTIAL
CONSTRUCTION: $400K Claim
The Question:
Did dual-agent Realtor breach her fiduciary to the buyer by failing to
disclose certain information about the seller? Was she required to
disclose it? Did her conduct fall short of North Dakota RE
licensing codes and the Realtor Code of Ethics?
Research, consultation, and
opinion. Parties settled at mediation.
"Thank you sooo much for all your help on this file. I
really think your opinion/report got
this case settled..!! Your services
were excellent."
36.
MIAMI-DADE --
retained by
pro se
Plaintiff/attorney.
FAILED $2.85M RESIDENTIAL
TRANSACTION
The Question:
Did sellers and listing broker fail to disclose known latent defects materially affecting value?
Research,
consultation.
37.
PALM BEACH -- retained by
Plaintiff/attorney. TROUBLED $1.3M RESIDENTIAL TRANSACTION
The Question: Did Realtors treat sellers fairly and
honestly by not disclosing certain facts about the transaction?
Did they violate the Realtor Code of Ethics? Research,
consultation, report, after which I withdrew.
38.
ILLINOIS
--
retained by Plaintiffs' attorney.
TROUBLED $1.25M RESIDENTIAL TRANSACTION The Question: Did Realtors' conduct fall below the standard of
care in the way they represented the buyers as single agents? Were
requested and recommended inspections made? Did the agents use
skill and care in their communications with the buyers?
Research, opinion, and deposition in Chicago.
Settled.
"I bet your
questions (for the opposing expert) saved our collective arses."
Plaintiff
39.
MIAMI-DADE --
retained by
Plaintiff''s attorney.
QUESTIONABLE $235K RESIDENTIAL TRANSACTIONS The Question: Was Realtor deceptive when
he did not disclose to buyer that he -- and not
the bank -- was the real owner of two homes that
he sold her?
Research,
consultation, testimony at jury trial. Jury found
Realtor guilty of "Fraud in the inducement..." in the
course of the transactions.
"(Larry's)
professional demeanor and plainspoken
accessibility was critical in conveying our fact
pattern to the jury."
40.
OHIO
-- retained by Plaintiff's attorney.
TROUBLED $317K COMMERCIAL TRANSACTION
The Question: Did listing Realtor
violate Ohio law and the Realtor Code of Ethics
when
he did not advise client to seek expert
help in navigating the intricacies of a short
sale? Research, consultation, opinion, video deposition.
Settled.
41.
MIAMI-DADE --
retained by
Plaintiff's' attorney
TROUBLED $425K RESIDENTIAL TRANSACTION The Question: Was Realtor negligent in handling transactions regarding the
purchase
and sale of a condominium unit when the Great
Housing Bubble was bursting? Research & consultation only.
42. HERNANDO --
retained by
Buyer Plaintiff's' attorney
TROUBLED $118K RESIDENTIAL TRANSACTION
The Question: Did seller and inspector
fail to disclose known latent defects?
Research, consultation, opinion.
Settled.
43. BREVARD --
retained by pro se
Broker Plaintiff $5M COMMERCIAL
COMMISSION DISPUTE tied to Malpractice Claim The Question: With an implied
listing in place, did seller owe broker
a net commission for $50,000,000 sale? The original dispute
led to a malpractice
suit and I was retained to establish the
broker's underlying claim.
Research, consultation, opinion,
deposition,
trial graphics, testified at trial..
Jury awarded a 7-figure payment to the
broker plaintiff after 14 years in court!
"We're
all celebrating; put this one on your resume!"
D.P., plaintiff's attorney after verdict..
44.
MIAMI-DADE --
retained by
Buyer Defendant's attorney $1.4M COMMERCIAL
COMMISSION DISPUTE The Question: Did buyer owe buyer's broker
a commission when $35M+ sale closed
on property, even though broker was not involved
with the transaction?
Research, consultation, opinion.
Parties settled.
45. FEDERAL COURT
-- retained by Defendant's attorney (Insurance Defense)
TROUBLED $800K+ RESIDENTIAL TRANSACTION
(Middle District,
Orlando)
The Questions: Did Realtor fail to disclose
a known, latent, material fact about the property? Must a Realtor inspect listed properties
to search for hidden defects? (Mold.) Research, consultation, opinion.
Settled at mediation.
46. PINELLAS
-- retained by Defendant's attorney (Insurance Defense)
TROUBLED $330K RESIDENTIAL TRANSACTION The Question: Did Realtor fail to disclose known, latent, material facts about the property?
What is Realtor's role at a walk-through?
(Mold mostly.) Research, consultation, opinion,
deposition. Complaint
dismissed after court determined that plaintiff
submitted fraudulent evidence.
47. ORANGE
-- retained by Defendant's
attorney (Insurance Defense) FAILED COMMERCIAL TRANSACTION
The Question: Did broker violate
Florida Statutes when he turned buyers over to
an associate to handle negotiations for
broker's personally-owned property? Research, consultation, opinion, after which
I withdrew.
48.
NEW MEXICO
-- retained by Defendant's attorney
(Insurance Defense) TROUBLED $675K RESIDENTIAL TRANSACTION
The Question: Did Realtors fail to disclose known, latent, material
defect?
Did they conspire with seller to stay silent
about mold infestation and defraud the
buyers? Research, consultation, opinion.
Settled.
49.
PENNSYLVANIA
-- retained by Plaintiff Buyer TROUBLED $500K RESIDENTIAL TRANSACTION
The Question: Did Realtor fail to disclose
known, latent, material facts about rampant wood
rot and termite damage affecting the
property? Research, consultation, limited opinion.
50. DUVAL --
retained by Plaintiff Buyer TROUBLED $80K RESIDENTIAL TRANSACTION The Questions: after oral purchase/sales
agreement between immediate family members was
reduced to writing in emails and the buyer began
to perform, was the seller, who is a licensed
Florida broker/Realtor, bound by the agreement?
Or is it unenforceable? Research, consultation, opinion.
51.
WEST VIRGINIA --
retained
by Plaintiff's attorney
COLLATERAL DAMAGE AFTER COMMERCIAL TRANSACTION
The Question: Did the broker fail
to correctly describe the landlord's land use
restriction to a tenant/buyer during the negotiation
of a sale when he marked up a site
plan? Research, consultation, opinion.
52. ORANGE --
Found by
attorney, retained by Plaintiff
Buyers TROUBLED $2.65M RESIDENTIAL TRANSACTION
The Question: Did Realtor fail to
disclose known, latent, material construction defects in
the
property? Did the Realtor have
actual knowledge?
Research,
consultation, opinion, deposition, testified at bench trial.
Defendants Settled
prior to verdict.
53.
MIAMI-DADE --
Found by attorney, retained by
Plaintiff Buyers FAILED $7.75M RESIDENTIAL TRANSACTION
The Questions: Did Realtor improperly interfere with
a contract between the sellers and buyers of a
luxury property? Was the contract fully
executed?
Research,
consultation, opinion,
deposition.
Settled.
54. OKALOOSA --
Found by
attorney, retained by Defendant Broker
$1M+ DAMAGES CLAIM The Question:
Did listing broker and its agents fail to meet the duties
required of a Florida Transaction Broker when they marketed and
sold homes at a single-family housing development just before
the housing bubble burst? This complex matter
involves cross claims.
Research, consultation, opinion.
Settled in 2023 after 18 years!
55.
OHIO
--
retained by Plaintiff buyers via attorney.
TROUBLED $165K RESIDENTIAL TRANSACTION
The Questions: Did listing agent and seller fail to
disclose known but latent material information to buyers?
Did buyers' agent breach his fiduciary duty to them?
Research, consultation. Settled.
56. ORANGE
-- retained by Plaintiff broker via attorney.
$922K COMMERCIAL COMMISSION DISPUTE
The Question: The court ruled that the brokers earned a
commission when $23M sale closed, but how much?
Research, consultation, opinion,
deposition.
Settled, $800K+.
57.
HILLSBOROUGH – retained by Plaintiff’s attorney
TROUBLED $290K RESIDENTIAL TRANSACTION
The Questions: Did sellers and agent fail to disclose known
but hidden material defects in the property? Did the
agent's conduct fall below the standard of care?
Research, consultation, opinion.
Settled.
58. ORANGE
-- retained by Plaintiff's attorney
SIX-FIGURE INTERNAL COMMISSION DISPUTE
How much in commissions did brokerage owe to one of the founders
after the other two founders froze him out?
Research, report, deposition, after which defendant
settled.
59. PALM BEACH
-- retained by Defendant's attorney (Insurance Defense)
TROUBLED $342K RESIDENTIAL TRANSACTION
The Questions: were plaintiffs entitled to collect
$35,000 from defendant broker to replace a roof that did not
need replacing on a home that they did not own? And
$105,000 in punitive damages for no apparent reason?
Research, consultation, settled.
60.
TENNESSEE --
retained by
pro se Plaintiff /attorney
TROUBLED $610K RESIDENTIAL TRANSACTION
The Questions: Did agent fail to disclose known
but latent material information about the transaction and the property?
Did the agent mislead the buyers about the property condition? Did
the agent's conduct fall below the standard of care? Was
her broker required to supervise her conduct?
Research, consultation, opinion, deposition. Settled
just before trial.
61. BROWARD
-- retained by Defendant's attorney (Insurance Defense)
TROUBLED $1.675M RESIDENTIAL TRANSACTION
The Question: Is Realtor
in violation of Florida statute 475 and the Realtor Code of
Ethics for failing to disclose a latent material fact? Did
the Realtor have actual knowledge of the fact?
Research, consultation, opinion, deposition.
Settled.
62. ORANGE --
retained by Plaintiff's attorney
$115K COMMERCIAL COMMISSION DISPUTE
The Question: Does property owner owe a commission to
brokers after cooperating broker's customer leased the property
instead of buying it?
And if so, how much?
Research, consultation, opinion. Settled.
63. MONROE --
Retained by Defendant's attorney (Insurance defense)
TROUBLED $3.2M RESIDENTIAL TRANSACTION
The Questions: Is listing agent responsible if her
spouse publishes derogatory remarks about the subject property
on the Internet? Does a transaction broker owe a fiduciary
to the seller?
Research and consultation. Settled.
64.
HILLSBOROUGH – retained by Plaintiff’ seller via attorney.
TROUBLED $337K RESIDENTIAL TRANSACTION
The Question: Did listing agent's conduct fall below the standard of care?
Did listing agent create false content for the MLS listing
remarks?
Research, consultation, deposition.
Settled.
65.
FEDERAL COURT
retained
by Plaintiff via attorney.
$855K+ FEE DISPUTE
(Southern District, Miami)
The Questions: When a broker licensed in another
state simply introduces a qualified capital source to a Florida
developer -- thereby fulfilling the terms of a Finders' Fee
Contract -- is it performing a real estate brokerage service as
defined in Florida Statute 475? Much later, after closing a deal
with the capital source, can the developer freely deny payment
of a finder's fee because the finder is not licensed as a real
estate broker in Florida?
Research, consultation, opinion.
66. MIAMI-DADE
-- retained by
Plaintiff's attorney
$2.5M RESIDENTIAL TRANSACTION, $150K Commission Dispute
The Questions: Is a broker entitled to collect the listing
commission if seller agrees to buyer's request to cancel a fully-executed contract?
If so, when is payment due?
Research, consultation, opinion. Settled just before trial.
67.
BROWARD
-- retained by
Defendant's attorney
High six-figure commission dispute.
One of the Questions: is a listing broker entitled to
commissions when no sales in a small development were made
during the listing term?
68.
CONNECTICUT -- retained by
Plaintiff's attorney
TROUBLED $2.8M RESIDENTIAL TRANSACTION
The Questions: Did listing agent enter false or
misleading information
about a property's condition in the MLS remarks? If so, is
that a violation
of state statutes and the Realtors' Code of Ethics?
Research, consultation.
68.
TEXAS -- retained by
Plaintiff's attorney
TROUBLED $2.8K RESIDENTIAL TRANSACTION
The Questions: Did listing agents enter false information
about vacant land in the MLS? If so, were they grossly
negligent?
Not Shown: real estate issues that did not involve
lawsuits.
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