X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MIAMI-The appellate division of the Superior Court of New Jersey has denied Century 21 Real Estate Corp. and its parent, Cendant Corp., an appeal seeking to dismiss a lawsuit by current and former Century 21 franchisees, including one in Miami-Dade County.

The franchisees filed the class-action lawsuit Jan. 20, 2002. The suit seeks unspecified monetary damages for breach of contract, breach of the duty of good faith and fair dealing, and breach of fiduciary duty, among other claims.

The complaint alleges Cendant and Century 21 failed to fulfill their obligations under the franchise agreements to Century 21 franchisees throughout the country. The suit also charges Cendant and Century 21 with redirecting resources paid by Century 21 franchisees to benefit other Cendant real estate entities.

“Part of every dollar I earn goes to the defendants, but I receive less and less for it every year,” Gwendolyn Johnson, president of Frank K. Cooper Real Estate #1 Inc. in Miami-Dade County, FL, says in a prepared statement. She says much of her competition is owned by a company that is working for her.

Morris County Superior Court Judge Stephen F. Smith, denied Cendant and Century 21′s motion to dismiss the suit on July 12. Cendant and Century 21 unsuccessfully sought to have the appellate court reverse that decision. Now the case will proceed to trial in Superior Court.

The plaintiffs in the suit are represented by the law firms Adorno & Yoss in Fort Lauderdale, FL; Zwerling, Schachter & Zwerling in New York and Seattle; and McElroy, Deutsch & Mulvaney in Morristown, NJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Once you are an ALM digital member, you’ll receive:

  • Unlimited access to GlobeSt and other free ALM publications
  • Access to 15 years of GlobeSt archives
  • Your choice of GlobeSt digital newsletters and over 70 others from popular sister publications
  • 3 free articles* across the ALM subscription network every 30 days
  • Exclusive discounts on ALM events and publications

*May exclude premium content
Already have an account?

GlobeSt

Join GlobeSt

Don't miss crucial news and insights you need to make informed commercial real estate decisions. Join GlobeSt.com now!

  • Free unlimited access to GlobeSt.com's trusted and independent team of experts who provide commercial real estate owners, investors, developers, brokers and finance professionals with comprehensive coverage, analysis and best practices necessary to innovate and build business.
  • Exclusive discounts on ALM and GlobeSt events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com.

Already have an account? Sign In Now
Join GlobeSt

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.