Harold Mosley v. Triangle Townhouses, LLC
170 So. 3d 1251
| Miss. Ct. App. | 2015Background
- Mosley, a nonlicensed individual, sought a real estate broker’s finder’s fee from Triangle Townhouses after locating a buyer for the property.
- Mosley alleged CK Realty, LLC was the purchaser and Triangle Townhouses promised to compensate him, but paid nothing.
- Mosley proposed a finder’s fee of 3–5% of the purchase price or a quantum meruit amount.
- Triangle Townhouses moved to dismiss under Miss. Code Ann. § 73-35-33(1), which bars actions to recover real-estate-broker fees by unlicensed persons.
- The chancellor dismissed the complaint, citing public policy prohibiting unlicensed brokers from collecting fees.
- On appeal, the Mississippi Court of Appeals affirmed, holding equity cannot override the License Law and public policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can Mosley recover a finder’s fee without a license? | Mosley asserts equitable entitlement to a finder’s fee. | Triangle Townhouses argues License Law prohibits such recovery by an unlicensed person. | No; license statute bars recovery by unlicensed brokers. |
| May chancery court grant equitable relief contrary to the License Law? | Mosley seeks equitable relief despite statutory bar. | Triangle Townhouses contends equity cannot override clear public policy and statute. | Equity cannot circumvent statutory prohibition; judgment affirmed. |
Key Cases Cited
- Joel v. Joel, 43 So. 3d 424 (Miss. 2010) (equity follows the law, but cannot ignore statutory limits)
- Scaggs v. GPCH-GP, Inc., 931 So. 2d 1274 (Miss. 2006) (principles governing equity and removal of claims)
- Davis v. Paepke, 3 So. 3d 131 (Miss. Ct. App. 2009) (plaintiff not acting as broker; distinguishable from present case)