More On Shifting The Burdenwbsadmin
After our clients sold their home, they were sued by the (former) brokers. The brokers alleged that they were owed a commission since they introduced the buyer to the seller during the exclusive period of time covered in the broker’s agreement. After discovery was complete, we moved for summary judgment dismissing the complaint, arguing that there was no evidence to back up the brokers’ claim.
In his decision granting our motion, the Judge noted that once we made “an adequate prima facie show of entitlement to summary judgment”, the burden shifted to the brokers to present actual, admissible evidence to support their claims. Instead, the brokers made only “conclusory allegations” that were neither credible nor probative.