Judge rules Tomi Rose must pay back nearly $77K to her former brokerage Opulence

Sports and entertainment agent’s commission split gave her 85% to 90% of any earnings from a sale

Miami /
Jul.July 12, 2021 09:45 AM
David Hammond, CEO of Opulence and Tomi Rose

David Hammond, CEO of Opulence and Tomi Rose

UPDATED, July 12, 10:35 a.m.: Miami-Dade Judge Jose Rodriguez ordered real estate agent Tomi Rose to fork over $76,587 to her former brokerage, Opulence International Realty.

Rodriguez’s ruling follows an arbitrator’s findings five months ago that Rose, now a senior director of luxury sales at Douglas Elliman, had to pay back Opulence nearly $97,000 in expenses and that the brokerage owed her nearly $20,000 in unpaid mentee fees.

The June 30 final judgement against Rose ends Opulence’s three-year-old lawsuit against her, but her dueling 2018 complaint against her former employer is still pending. In an email, Rose’s attorney Michael Schlesinger said his client “is considering whether to appeal the final judgment.” He had no further comment.

David Hammond, CEO of Opulence, which was acquired by Brown Harris Stevens in 2017, said the company is satisfied with Rodriguez’s ruling. “We are very pleased with the outcome,” Hammond said. “It is what we expected.”

Rose spent four years as senior vice president of Opulence’s sports and entertainment division before leaving for a similar role at Douglas Elliman. She is married to former NBA star Mark Strickland and represented basketball icon LeBron James in the 2015 sale of his Coconut Grove mansion for $13.4 million.

In it’s lawsuit, Opulence alleged that Rose “refused to pay” marketing, travel and other expenses totaling about $96,000 that the brokerage had loaned her during her tenure. Opulence claimed that she had agreed to repay Opulence upon her departure from the company.

Rose countersued Opulence, alleging she was owed $473,817 in unpaid salary, unpaid mentee fees and “wrongfully withheld sums.” She also claimed that the expenses Opulence was trying to recover were not incurred by her.

According to the March 31 findings of the arbitrator, retired Miami-Dade Judge Joseph P. Farina, Opulence did not owe Rose an unpaid salary of $400,000 because she was an independent contractor and not an employee of the firm. Farina also noted that Rose benefited from a favorable commission split that gave her 85 percent to 90 percent of any earnings from a sale.

While the contract between Rose and Opulence did not make it clear she had to repay marketing, travel and other expenses, she did in fact acknowledge she was “receiving advances” in company emails, and she did repay $54,380 during her four-year tour with the brokerage, Farina concluded. And the retired judge determined Opulence did owe Rose $19,847, representing her share of commissions paid to sales agents she mentored.






    Related Articles

    arrow_forward_ios
    Harvey Hernandez and a rendering of his Brickell project
    Harvey Hernandez plans three-tower project on riverfront Brickell site
    Harvey Hernandez plans three-tower project on riverfront Brickell site
    One Sotheby’s expands with Space Coast acquisition
    One Sotheby’s expands with Space Coast acquisition
    One Sotheby’s expands with Space Coast acquisition
    Ex-Miami Dolphins defensive end Andre Branch with the $6 million property (Getty, The Jills Zeder Group)
    Ex-Miami Dolphins player sells non-waterfront Miami Beach home for $6M
    Ex-Miami Dolphins player sells non-waterfront Miami Beach home for $6M
    Louis McMillian of Global International Realty and real estate investor Thomas Conway, president of Miami-based Conway CRE (Global International Realty, LinkedIn via Conway)
    Jumping the gun? Miami brokerage sues developer for commission on future Bellsouth land deal
    Jumping the gun? Miami brokerage sues developer for commission on future Bellsouth land deal
    Nicky Jame and One Thousand Museum (Getty, One Thousand Museum)
    Reggaeton artist Nicky Jam picks up downtown Miami condo
    Reggaeton artist Nicky Jam picks up downtown Miami condo
    Brian Vickers with the Continuum South tower (Continuum on South Beach)
    Retired Nascar driver Brian Vickers buys Miami Beach condo for $6M
    Retired Nascar driver Brian Vickers buys Miami Beach condo for $6M
    AIMCO founder Terry Considine and a rendering of the Grand Flamingo tower
    Miami Beach board rejects Aimco’s proposal for Grand Flamingo tower
    Miami Beach board rejects Aimco’s proposal for Grand Flamingo tower
    Michael Lawler, Howard Lorber and Jay Parker (Getty)
    Douglas Elliman expands to Naples, brings on top Sotheby’s agent Michael Lawler
    Douglas Elliman expands to Naples, brings on top Sotheby’s agent Michael Lawler
    arrow_forward_ios

    The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

    Loading...