TOMS RIVER, N.J. — A lawsuit filed by Jackson Mayor Jennifer Kuhn over disputed real estate referral commissions was dismissed with prejudice in Ocean County, ending a contract case she brought against agent Jennifer Spano, Century 21 Action Plus Realty, and broker Thomas Hogan.
Judge John G. Ducey III signed the dismissal order on Feb. 13, 2026, after considering a defense motion to dismiss for failure to state a claim. The order states the complaint was dismissed “with Prejudice and without costs” for reasons placed on the record.
How the dispute started
The case began on July 29, 2025, when Kuhn, filing as “Jennifer L. Kuhn/JLK Sales Group,” sued in Ocean County Special Civil Part seeking $6,196 from Spano. Century 21 Action Plus Realty and Hogan were also named as defendants.
In the complaint attachment, Kuhn said the dispute involved unpaid referral commissions she claimed were owed to JLK Sales Group, which she described as brokered by eXp Realty. She alleged Spano had received multiple client leads while affiliated with JLK Sales Group, including Zillow Flex referrals, and that those leads remained subject to JLK’s commission structure even after Spano left the firm.
Kuhn identified two transactions at the center of the case: a property on Greenway Trail in Cream Ridge and another on Blue Heron Lane in Bayville, the latter described as subject to a Zillow Flex referral fee. According to the complaint, formal referral agreements were later issued and signed by Spano and Hogan, stating that 40% of the gross commission on each transaction would be paid to JLK Sales Group.
Kuhn alleged that both sales later closed, but payment was never made. Because she said she had not been given the actual commission breakdowns, she estimated the total amount due using an assumed 2.5% commission on each sale, arriving at $7,256 in referral commissions. After subtracting $1,060 she acknowledged JLK Sales Group owed Spano from another closing, Kuhn claimed the net amount due was $6,196.
Defense challenge focused on who could sue
The defense response did not center on whether the referral agreements existed, but on whether Kuhn herself had legal standing to bring the claim.
In a Feb. 9, 2026 reply brief supporting dismissal, defense attorney Patricia F. Burke argued the central problem was not whether there might be a breach of contract claim, but “who is authorized to bring such an action.”
The defense said Kuhn filed the case in her own name and in the name of JLK Sales Group, even though the transactions were brokered through eXp Realty and Kuhn acknowledged Jeffrey Kist was eXp Realty’s New Jersey broker of record. Burke argued that under N.J.S.A. 45:15-3, a broker-salesperson cannot bring an action for compensation except against the licensed broker with whom the salesperson or broker-salesperson was employed or contracted at the time the claim arose.
The filing also argued Kuhn failed to sue in the name of eXp Realty or include Kist as a party, making the broker an indispensable party “without whom the matter may not proceed.”
Burke further argued that even if all facts in Kuhn’s complaint were accepted as true, any money allegedly owed would be payable to eXp Realty through its New Jersey registered broker, not to Kuhn individually or to JLK Sales Group.
Key Points
• Jennifer Kuhn filed the commission lawsuit on July 29, 2025, seeking $6,196
• Defendants argued Kuhn lacked legal authority to sue for commissions tied to eXp Realty deals
• Judge John G. Ducey III dismissed the complaint with prejudice on Feb. 13, 2026
Timeline of the case
July 29, 2025: Kuhn filed the Special Civil Part complaint in Ocean County against Spano, Century 21 Action Plus Realty, and Hogan, claiming unpaid referral commissions tied to two real estate transactions.
Jan. 26, 2026: Kuhn filed opposition papers referenced in the defense reply brief, though those papers were not included in the uploaded records.
Feb. 9, 2026: Defendants filed their reply brief, arguing Kuhn was not statutorily authorized to bring the claim in her own name and had failed to include the proper broker as a party.
Feb. 13, 2026: Judge Ducey dismissed the complaint with prejudice after the motion to dismiss was heard.
What the dismissal means
Because the case was dismissed with prejudice, Kuhn’s complaint cannot simply be refiled in the same form. The court order does not spell out the underlying reasoning in detail, instead stating the reasons were given on the record at the Feb. 13 hearing.
The filings show the case turned less on the factual dispute over referral fees than on a threshold legal question: whether Kuhn, as a broker-salesperson operating under eXp Realty, could personally pursue the commissions in court.
The complaint has now been dismissed with prejudice, ending the case in Ocean County Special Civil Part unless a higher court is asked to review the ruling. At this time, it is not known whether or not Kuhn will seek to refile the claim appropriately. She was represented by Robert Shea, esq. in the matter, who also serves as the Jackson Township Planning Board attorney where Kuhn serves as an appointed mayor.
