A Palm Beach County real estate agent
lost her appeal on her $1.125 million claim to commissions
for her sales work at Riviera Beach’s beachfront VistaBlue
condominium.
Kim-Renée Roberts sued VistaBlue developers Riviera Beach
Investors LLC and Third Palm LLC accusing them of
shortchanging her even as she put in more work than required
to sell units. Roberts appealed a lower court’s ruling
against her.
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18 story, 58 unit oceanfront VistaBlue condominium tower, in Riviera Beach. |
“The record evidence demonstrated that
the agent did not earn or otherwise demonstrate entitlement
to commissions or other monies,” Ahr said.
Riviera Beach Investors and Third Palm filed a cross-appeal.
The Fourth DCA reversed the trial court’s decision finding
the companies weren’t entitled to attorney costs and
remanded the issue for the trial court to hold an
evidentiary hearing on their reasonableness.
Riviera Beach Investors and Third Palm lost their claims on
appeal that the trial court was mistaken in finding their
joint offer of judgment was impermissible. While Whittles
praised the decision, Ahr said she looks forward to the
evidentiary hearing on attorney costs.
Judges Cory Ciklin, Burton Conner and Mark Klingensmith
issued a unanimous unsigned opinion Wednesday after
consolidating Roberts’ appeal and the companies’
cross-appeal.
Roberts, who sued in 2017, claimed counts of promissory
estoppel, breach of fiduciary duty, unjust enrichment and
quantum meruit counts.
Riviera Beach Investors in 2015 named The Keyes Co.
exclusive broker for VistaBlue, which at the time was in the
planning stages.
The 18-story, 58-unit condo was competed in 2018 at 3730 N.
Ocean Drive on Riviera Beach’s Singer Island.
Roberts was a Keyes sales associate on the project and
claimed she took on duties beyond her obligations, which the
developer accepted. Roberts said she found a project
interior designer, obtained pricing for a billboard and
worked on obtaining the necessary documents for a condo
ownership form.
Third Palm, which Roberts said was the manager of Riviera
Beach Investors, was led by Randall Tuller. While not a
defendant, Roberts accused Tuller in her complaint of
tricking her into opening up to him about a “hostile” and
“abusive” work environment at Keyes. He also “lulled” her
into believing her work for VistaBlue was safe even as
Riviera Beach Investors and Third Palm were in the processes
of ending their agreement with Keyes and hiring Douglas
Elliman to sell units.
Roberts alleged Riviera Beach Investors and Third Palm
representatives told Douglas Elliman not to hire her for
unit sales, and she also claimed she was not paid for her
work toward selling units.
Rivera Beach Investors and Third Palm denied the allegations
and maintained Roberts’ efforts produced no unit sales and
marketing materials she worked on weren’t used. What she had
claimed was “above and beyond” work actually was part of the
Keyes contract and Roberts was paid a draw on commissions as
agreed.
Palm Beach Circuit Judge Janis Brustares Keyser last year
issued final summary judgment, agreeing with defendants that
Roberts’ work on VistaBlue wasn’t extra but was outlined in
Keyes’ agreement and Roberts was “reasonably” compensated.
Roberts’ claim to $1.125 million in damages is “a misguided
calculation and assumption” that this is money she “would
have made” had Keyes sold out the building, which in reality
didn’t happen as Keyes sold one unit before being replaced
for the job by Douglas Elliman, the final judgment said.
Keyser also rejected Roberts’ claim that the companies
directed Douglas Elliman not to hire her.
Keyser’s order denied defense claims to attorney fees and
costs. The appellate panel determined she made a citation
that’s pertinent only to the fees issue but didn’t address
why she denied costs, prompting the appellate court to
remand that question.