Land O Lakes Real Estate News - JLS Investment Realty

The legal brouhaha over Brandon Marshall's mansion
May 5th, 2011 4:49 PM

The legal brouhaha over Brandon Marshall's mansion


As Miami Dolphins wide receiver Brandon Marshall recuperates from a stab wound, the Southwest Ranches mansion where the alleged attack took place remains the subject of two lawsuits.

Marshall’s wife, Michi Nogami-Marshall, 26, was arrested last month on charges of aggravated battery with a deadly weapon and released on bail. Marshall, 27, was treated at a hospital and released. He's expected to make a complete recovery.

His wife said she was defending herself, according to an incident report.

Marshall, who had a mildly disappointing first season in Miami, bought the six-bedroom, 7 ½-bath house a few days before Thanksgiving for $4.15 million.

But former Dolphin cornerback Patrick Surtain said he and his wife, Michelle, had a deal to buy the estate for $5.2 million in 2007.

The 17,000-square-foot mansion has European finishes, a four-car garage and a pool. Even though the Surtains didn't own the house, they spent more than $1 million in upgrades, Broward court records show.

The couple accused the builder, Landmark Custom Ranches, of selling the home out from under them to Marshall. The Surtains also named real estate brokers and a title company as defendants.

Landmark said it built the house on time and to the Surtains’ specifications, but they failed to close even after an extension was granted until March 31, 2010.

That’s when Landmark declared the Surtains in default. It sold the home to Marshall eight months later. The builder has countersued the Surtains.

The Surtains added Marshall as a third-party defendant in January, accusing him, among other things, of interfering with their deal.

Marshall’s lawyers, Andrew Gold and Paul Kobak, used football references in their motion to dismiss, saying the Surtains “fumbled” by failing to close on the home. The couple didn’t have any valid claims against Marshall, Gold and Kobak wrote.

The four-count complaint against Marshall was dismissed April 18, but the Surtains can amend the lawsuit and refile it. The Surtains' lawyer, Michael Feinstein, wrote in an email he intends to do just that.

The attorneys for Marshall and Landmark could not be reached for comment, despite attempts by phone.

Gary Singer, a Sunrise real estate lawyer, reviewed court documents but is not involved in the case. He said it’s unlikely the Surtains will prevail.

“If you don’t close at the time you’re supposed to close, it’s pretty heavy against you that you lose your rights,” Singer said.

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Posted by Jennifer Stepanek on May 5th, 2011 4:49 PMPost a Comment

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