Lawyer sued for defamation over praise of rival real-estate broker wins at trial
A Florida lawyer has won a lawsuit claiming he defamed his first real-estate broker in a testimonial on behalf of a second broker that managed to sell his Boca Raton home.
Jurors returned a defense verdict on behalf of lawyer Rick Felberbaum last week, the Daily Business Review (sub. req.) reports.
Felberbaum’s testimonial, printed in a 2009 newsletter, didn’t mention the first broker by name. But Royal Palm Properties claimed it could be identified as the first broker because Felberbaum said the company appeared to have a corner on the Royal Palm market.
Felberbaum initially listed his home in the Royal Palm Yacht and Country Club subdivision for nearly $4 million. It eventually sold for $2.7 million through a second broker, Premier Estate Properties.
In his testimonial on behalf of the broker who made the sale, Felberbaum said: “After one year plus of virtual inactivity, ignored emails, unreturned phone calls and our perceived complete lack of their regard for selling our home, we signed up with Premier Estate Properties. … Finally within a few short months of listing with you, our home was in contract.”
Royal Palm had claimed Felberbaum’s home didn’t sell because he wanted an unfair listing price and didn’t clean up the house for showings. Felberbaum maintained there was no defamation because his testimonial was true.
