SAMUEL A. ZICHLIN AND SADIE ZICHLIN, HIS WIFE,
v.
GEORGE E. DILL AND EDITH C. DILL, HIS WIFE

Fla. | 1946-02-22
TERRELL, BROWN, BUFORD and SEBRING, JJ., concur., CHAPMAN, C. J., and THOMAS, J., dissent.
157 Fla. 96 Florida Supreme Court (1946) Positive Treatment
Also reported at: 25 So. 2d 4
Cited by 41 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A real estate broker induced a buyer to pay $5,500 for property by falsely claiming it could not be purchased for less, when in fact the broker had used the buyer's money to purchase the property for $4,500 and resold it to her for $5,500, pocketing $1,000 in profit. The Florida Supreme Court reversed dismissal of the buyer's bill, holding that licensed real estate brokers owe fiduciary duties to buyers as well as sellers under Florida law.


Holding

The court held that a licensed real estate broker in Florida does owe a duty to the buyer. The high statutory standards for broker qualifications and the monopoly granted to brokers by Florida statute require that brokers meet a standard higher than caveat emptor and act honestly and ethically toward all parties to a transaction.


Key Quotes

“The broker in Florida occupies a status under the law with recognized privi[leges] and responsibilities. The broker in this state belongs to a privileged class and enjoys a monopoly to engage in a lucrative business.”

Establishes that Florida law grants brokers special status and monopoly powers, which corresponds to heightened duties

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Facts & Procedural History

George E. Dill, a licensed real estate broker, advertised property for sale. The buyer (Zichlin) was initially quoted $5,500 but then learned from the…

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Opinion of the Court
ADAMS, J.:

ADAMS, J.:

This appeal brings for review an order dismissing appellant’s bill on motion. The bill discloses that George E. Dill was a licensed real estate broker in Hillsborough 'County and *97advertised a piece of real estate for sale. Appellant responded to the “ad’ and was shown the property and quoted a selling price of $5,500.00 by the broker. Later appellant was shown the property by the owner, who mentioned a figure of $4,-500.00, whereupon appellant said she understood from the broker the price was $5,500.00. Then the owner told appellant all arrangements, including the price, were in the control of the broker. Appellant returned to the broker and said she desired to purchase the property but would like to buy it for $4,500.00. The broker took $200.00 from appellant as earnest money and represented that he would ascertain whether the property could be bought for $4,500.00. Later the broker notified appellant that the property could not be purchased for less than $5,500.00. The broker induced appellant not to engage an attorney to represent her in closing the transaction saying he would attend to all details and record the deed. It was about two weeks later the deed was mailed to her from the office of the clerk of the court when she then first learned the deed was from the broker rather than from the owner; that the property was conveyed by the owner to the broker and by the broker to appellant at, or near, the same time; that both conveyances showed a consideration of $4,500.00 and the broker, in fact, used appellant’s money to purchase the property for himself, making a profit of $1,000.00.

Appellee’s question posed in the brief states:

“Is a purchaser of property who buys for $5,500.00 after being advised by the broker that it can not be bought for less than that sum, when as a matter of fact the broker uses the money of the purchaser to buy the property for himself for $4,500.00, and then on that same day conveys it to the purchasers for $5,500.00, entitled to the return of $1,000.00 from said broker ?”

Ultimately we must determine just what duty the broker owed appellant. Did he owe a duty to anyone except the owner who had listed the property? Evidently the chancellor was of the view that he owed no duty to the buyer. In this he was in error. Generally speaking an agent is responsible only to his principal. This, however, is different. The broker in Florida occupies a status under the law with recognized privi*98leges and responsibilities. The broker in this state belongs to a privileged class and enjoys a monopoly to engage in a lucrative business. See Sec. 475.01, Fla. State., ’41, F.S.A. The statute requires that: (475.17)

“ . . . all applicants who are natural persons shall be competent, honest, truthful, trustworthy, of good character, and bear a reputation for fair dealing. ...”

The state, therefore, has prescribed a high standard of qualifications and by the same law granted a form of monopoly and in so doing the old rule of caveat emptor is cast aside. Those dealing with a licensed broker may naturally assume that he possesses the requisites of an honest, ethical man.

On this question the authorities are not uniform, however, because of the statute supra we are inclined to the view heretofore stated which finds ample authority among our sister states. Collins v. Philadelphia Oil Co., 97 W. Vir. 464, 125 S.E. 223; Stevens v. Reilly, 56 Oka. 455, 156 Pac. 157; Hokanson v. Oatman, 165 Mich. 512, 131 N. W. 111, 35 L.R.A. (N.S.) 423; Hack v. Crain -----Mo.-----, 177 S.W. 587. See also notes in 8 A.L.R., page 1383; 12 C.J.S., Sec. 41, page 96.

The bill, if proven, would support a decree for relief. The order dismissing the bill is reversed.

So ordered.

TERRELL, BROWN, BUFORD and SEBRING, JJ., concur.

CHAPMAN, C. J., and THOMAS, J., dissent.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • Keyes Co. v. Dade Cnty. Bar Ass'n, 46 So. 2d 605 (Fla. 1950)
    …estate that did not contemplate a deed and it is common knowledge that the legislature so contemplated when it passed the act. This Court has repeatedly recognized its validity. State ex rel. Davis v. Rose, 97 Fla. 710, 122 So. 225; Zichlin v. Dill, 157 Fla. 96, 25 So. 2d 4. The Board, created to administer the act, has given it this interpretation for twenty-five years and hundreds of real estate brokers have governed themselves accordingly. In following this advice and shaping its policy, the Florida Re…
  • Fla. Real Est. Comm'n v. McGREGOR, 336 So. 2d 1156 (Fla. 1976)
    …87 (Fla.1962), vacated, 373 U.S. 379, 83 S.Ct. 1322, 10 L.Ed.2d 428 (1963), on remand 159 So. 2d 229 (Fla.1963); Florida Bar v. Drury, Case No. 36,959, Sup.Ct. of Fla., Opinion filed June 5, 1968 (Unreported Order). . See generally Zichlin v. Dill, 157 Fla. 96, 25 So. 2d 4 (1946); Chisman v. Moylan, 105 So. 2d 186 (2d D.C.A.Fla.1958); 5 Fla.Jur., Brokers, § 27. . Of course, only the individual appellees can rely on the equal protection provision of Art. I, § 2, Fla.Const., which is limited in terms to “n…
  • …the highest degree of trust and confidence, and his status under the law is accompanied by recognized privileges and responsibilities. Ahern v. Florida Real Estate Commission ex rel. O’Kelly, 1942, 149 Fla. 706, 6 So. 2d 857; Zichlin v. Dill, 1946, 157 Fla. 96, 25 So. 2d 4; and Gabel v. Kilgore, 1946, 157 Fla. 420, 26 So. 2d 166.” Petitioner correctly points out the possibilities under the decision of the district sub judice, for an unlicensed, unregistered person of a character sought to be excluded to…

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