LOUIS E. GABEL
v.
FORREST KILGORE
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The court held that the evidence was insufficient to overcome the presumption that the real estate broker acted solely as an agent, and thus the broker had the burden to prove any personal interest and good faith.
Appellant sued to impress a trust on land purchased by appellee, alleging the appellee (a real estate broker) bought the lots as appellant's agent. Th…
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The bill of complaint prayed to impress a trust on certain lots of land in Orlando, Florida, purchased by appellee at the instance of appellant. The point in controversy is whether Kilgore bought the lots as the agent of Gabel or for himself and Gabel, with the understanding that they would be divided between them. The Chancellor found that the evidence did not preponderate in favor of the complainant and dismissed the bill.
We think the Chancellor applied a wrong rule of law to the evidence. It is ample to show that Kilgore made a contract with Gable to purchase the lots.
In Ahern v. Florida Real Estate Commission et al., 145 Fla. 706, 6 So. (2nd) 857, this Court held that the real estate business is a highly specialized one, that the real estate broker is now the confidant of the public in much the same • manner as the lawyer and the banker, and that his relation to the public exacts the highest degree of trust and confidence.
Since this is the rule, the presumption is that Kilgore was a real estate broker and nothing more. If he asserts an interest other than that, the burden is on him to prove it beyond question; not only that, he must also show good faith and that his interest was well known to his client at the time of his employment. The evidence on the point falls far below this standard.
*422The judgment appealed from is, therefore, reversed. If appellee fails to support his claim with the degree of proof here required, the prayer of the bill should be granted on authority of Quinn v. Phipps, 93 Fla. 805, 113 So. 419, 54 A.L.R. 1173.
Reversed.
CHAPMAN, C. J., BUFORD and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Lalow v. Codomo, 101 So. 2d 390 (Fla. 1958)…th his confidential relationship. This Court has held that the relationship of real estate broker and principal exacts the highest degree of trust and confidence. Ahern v. Florida Real Estate Commission, 149 Fla. 706, 6 So. 2d 857; Gabel v. Kilgore, 157 Fla. 420, 26 So. 2d 166. Essentially the conduct of the plaintiff of which the defendants complain is that he failed to report to his principal that there was a prospect at the price of $300,000. This price would have produced a net to the principal of $277,…
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Trafalgar Developers, Ltd. v. Geneva Inv. Ltd., 285 So. 2d 593 (Fla. 1973)…tatus 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 circumvent Florida law be merely causing the contract o…
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Foulk v. Fla. Real Est. Comm'n, 113 So. 2d 714 (Fla. 2d DCA 1959)…tatus 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. As one of the defined activities of a real estate broker or real estate salesman, ap-praisement is importantly a matter of public interest and welfare, constituting a field of endeavor which lends itself logically to the safeguards…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Porte F. Quinn v. Phipps, 113 So. 419 (Fla. 1927)
- Ahern v. Fla. Real Est. Comm'n Ex Rel. O'Kelley, 6 So.2d 857 (Fla. 1942)
- Hunt v. Mrs. Nannie L. Covington, 145 Fla. 706 (Fla. 1941)