CASE NAME

Robinson v. Greenwood

California Court of Appeal, 1st Appellate District

Issue:  Whether a real estate broker in a commercial transaction is liable to a buyer for failure to disclose a defective condition if the buyer had the inspection, seller agreed to make repairs and buyer failed to reinspect to verify repairs had been made.

C.A.R. position:  Commercial buyers are responsible for coditions known to them or within their reasonable attention or observation.

Case Status:  On appeal.  All briefs not yet filed. 

Muhoberac v. Boyle 

California Court of Appeal, 4th  Appellate District, Divison One

Issue:  Whether buyer can avoid agreement to arbitrate by asserting the seller committed fraud by failure to disclose condition of property.

C.A.R. position:  Arbitration required unless the fraud relates to the arbitration clause specifically.

Case Status:  On appeal.  Waiting for oral argument date.

Schaffter v. Creative Capital Leasing Group, LLC 

California Court of Appeal, 4th Appellate District

Issue:  Whether a buyer owes a broker a commission pursuant to a buyer-broker agreement if the buyer and seller enter into a mutual concellation after the buyer had failed to close escrow.

C.A.R. position:  Buyer owes broker compensation. 

Case Status:  Appellate court upheld broker right to be paid. 

Brand et al. v. George Chung Realty, Inc. et al.

California Court of Appeal, 2nd Appellate District

Issue:  Whether listing agent has duty to Buyer to discover that Caltrans has proposed placing a freeway on-ramp on land immediately fronting the property being sold when generic disclosure was already made regarding freeway expansion.

C.A.R. position:  Listing broker's duty is limited to conducting reasonably competent visual inspection and owes no duty to Buyer to discover information off-site, in public records or at public meetings.

Case Status:  Buyer won at trial.  Listing broker appealed.  In an unpublished opinion, appellate Court affirms trial court ruling that broker liable to buyer.

 UAS Management Inc. v. Mater Misericordiae Hospital et al.

California Court of Appeal, 5th Appellate District

Issue:  Whether language in non-real estate antitrust case could detrimentally affect MLS.

C.A.R. position:  Antitrust rules should not be used to grant members for public access to MLS.

Case Status:  Appellate court, on C.A.R.'s request, removed offending language from court opinion.