Holly is a shareholder in the firm's Professional Liability Department where she focuses on Florida director & officer disputes in not-for-profit condominium and other community associations. These disputes include Fair Housing Act (FHA) claims, condo disputes under Chapter 718, Florida Statutes, and homeowners’ association disputes under Chapter 720. Holly has strong defense experience at every level including pre-suit and for actions filed before various governmental agencies, as well as in state and federal courts.
Holly's practice is also focused on a variety of employment disputes. Holly has defended multiple employment discrimination, harassment, and retaliation claims at all levels including disability and racial discrimination claims before the Equal Employment Opportunity Commission (EEOC).
Further, Holly has also handled a variety of consumer financial services litigation and compliance matters. She has additionally been involved in a range of other civil litigation matters including breach of contract issues, commercial disputes and real estate actions.
Holly received her juris doctor from Hofstra University School of Law after majoring in Economics and English at Florida International University. She is admitted to practice law in the states of Florida, New York, and New Jersey, and enjoys reading all manner of fiction.
Honors & Awards
•The Best Lawyers: Ones to Watch, Financial Services Regulation Law (2021-2025)
Published Works
•'Consider the Charge Before Responding to an EEOC Investigation,' PLUS Blog, June 22, 2023
•“Article III Standing Does Not Come from Violation of Statute Alone,” Defense Digest, Vol. 28, No. 12, December 2022
•'Punitive Damage Amendments Soon Subject to Immediate Interlocutory Appeal,' Daily Business Review, February 9, 2022
Thought Leadership
Legal Updates for Real Estate E&O Liability
The Listing Agreement Controls in Real Estate Commission Dispute Between Broker and Seller
May 7, 2026
Carmona Realty Group, LLC, a licensed real estate broker, pursued a commission after procuring multiple offers at or above the listing price for a Miami property, but the seller repeatedly rejected or ignored those offers while attempting to increase the price outside the written listing agreement. The parties had executed an exclusive right of sale listing agreement setting the price at $499,500 and providing for a 5% commission. Although the seller later signed separate “instructions to agents” imposing additional requirements such as appraisal contingencies, inspection attachments, and deposit conditions, those instructions were never signed by the broker and were not referenced in the listing agreement. After at least seven offers were presented, including full-price or above-list offers, the seller declined to proceed, citing varying reasons including furniture inclusion, shutters, and financing terms, while also informally seeking a higher price.The Third District Court of Appeal reversed the trial court’s ruling in favor of the seller, holding that the “instructions to agents” were not incorporated into the listing agreement and could not be used to defeat the broker’s entitlement to a commission. Applying Florida contract principles and the statute of frauds, the court emphasized that modifications to a listing agreement must be in writing and signed by both parties, and that mere contemporaneous documents lacking mutual assent and cross-reference do not become part of the contract. The court further found that the broker satisfied its obligation by producing ready, willing, and able buyers on the agreed terms, and that the seller’s later-asserted justifications did not negate the broker’s right to compensation. This decision underscores the importance of real estate brokers and professionals ensuring that all material terms and conditions are clearly incorporated into the listing agreement itself, as well as documenting all communications when sellers reject conforming offers for reasons outside the contract.
Legal Updates for Real Estate E&O Liability
Florida Legislative Update: Proposed E&O Insurance Requirement for Home Inspectors
February 5, 2026
New Florida legislation, if enacted, would require licensed home inspectors to maintain errors and omissions (E&O) insurance as a condition of licensure. While Florida has long regulated the home inspection profession, the state has historically not required professional liability insurance for inspection errors or omissions. Florida home inspectors are regulated under Part XV (titled “Home Inspections”), of Chapter 468, Florida Statutes. Section 468.8322, Florida Statutes, currently requires licensed home inspectors to maintain commercial general liability insurance of at least $300,000, but it does not require home inspectors to carry E&O insurance. Without a statutory requirement, Florida home inspectors have had the ability to voluntarily acquire E&O insurance. According to a 1994 study conducted by the Florida House of Representatives, only 30% of responsive licensed home inspectors carried E&O insurance. When inspection disputes and litigation regarding home inspection errors arise, this often leads to other real estate professionals paying the price. As a result, buyer’s agents, listing agents, real estate companies, title agents/companies, and brokers often find themselves defending various claims of negligence, breach of fiduciary duty, a failure to disclose material information, and related allegations that are premised on inspection issues.When an inspector lacks E&O insurance, plaintiffs’ counsels tend to view the inspector as a limited recovery source and, instead, pursue the insured real estate professionals, whose E&O policies provide a clearer path to recovery. Even where the professionals had no control over the inspection itself, they often incur substantial defense costs simply by being named in a lawsuit as a related. In practice, this dynamic often shifts inspection-related liability away from the inspecting professional and toward transaction participants with mandatory E&O coverage.Florida Senate Bill 360 (2026), titled “Home Inspectors,” has been introduced to the senate as of January 13, 2026, and is currently under committee consideration. Bill 360 provides an update to Section 468.8322, Florida Statutes, so that licensed home inspectors will be required to maintain both a commercial general liability policy and an E&O policy in the amount of $500,000 per policy. If enacted, it would take effect July 1, 2026.A statutory E&O requirement for home inspectors could materially alter the litigation landscape. With mandatory professional liability coverage, home inspectors would be more likely to be named as primary defendants in claims arising from inspection errors or omissions. Florida’s consideration of an E&O insurance mandate for home inspectors reflects growing attention to professional liability within residential real estate transactions. For real estate professionals, the proposal signals a potential rebalancing of inspection-related risk and underscores the importance of continued risk management practices, even as responsibility for inspection errors is more squarely aligned with the professionals who perform them.Legal Update for Real Estate E&O - February 2026, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright 2026 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact MEDeSatnick@mdwcg.com.
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December 15, 2025
