In Remax Shores, Inc v. Wilson , a Remax real-estate agent claimed she informed Richard and Zenith Wilson that a broker's fee of a month's rent would be due if they rented a house shown to them. The realtor also claimed Richard informed her that he had no objection paying the commission. Yet, the couple later claimed they weren't told about the charge until after they leased the home.
When the Suffolk County District Court considered the evidence and awarded Remax $1,400, the Wilsons appealed to the Appellate Term, Second Department, which affirmed.
The AT2 noted it will typically give "deference" to a court's credibility findings particularly those made in small claims cases "given the limited standard of review."
How incredible was all of that?
To download a copy of the Appellate Term's decision, please use this link: Remax Shores, Inc v. Wilson