×
Your C.A.R.

Housing Affordability Fund

Programs and grants to provide direct assistance to address the housing crisis in California.


2018 Rising Star Award

The Rising Star Awards are a new C.A.R. initiative designed to work with the brokerage community to recognize their up-and-coming agents.


REALTORS® Care

C.A.R. stands ready to assist REALTORS® who have been impacted by these wildfires through its Disaster Relief Fund.


Get Involved

Find out how you can Get Involved with C.A.R's Governmental Affairs program!


Innovators Workshop

Do you have an innovative idea(s) with regards to real estate? Submit your idea(s) for a chance to partner with C.A.R. and transform tomorrow's industry!


Scholarship Foundation

Scholarships for California students planning to pursue a career in real estate.


Education Foundation

Grants for California REALTORS® pursuing advanced real estate designations.


Diversity and Inclusion Programs

Diversity and Inclusion.


Young Professionals Network

New to the industry? YPN is a network to sharpen your skills, heighten your leadership, and connect with fellow REALTORS®.


For New Members

As a new member of C.A.R. you have questions about your benefits and discounts. Find the answers here.


Consumer Ad Campaign

C.A.R.'s annual consumer advertising campaign creates awareness of the REALTOR® brand and demonstrates the many benefits of the consumer-REALTOR® relationship.


Guide to Benefits

As a member of C.A.R., you receive more than 100 free and discounted benefits. Find out more about your member benefits here.


2018 C.A.R. Officers

Meet the 2018 C.A.R. Leadership Team


C.A.R. Mission Statement

C.A.R. is a statewide trade association dedicated to the advancement of professionalism in real estate.


Advertise With Us

Learn about advertising with C.A.R.


Careers

C.A.R. and its subsidiaries are currently recruiting for the following job opportunities.


Customer Service

Looking for additional assistance? The Customer Contact Center is looking forward to serving you Monday through Friday between the hours of 8:30 a.m. and 4:45 p.m.


Media Center

C.A.R.'s Media Center houses the Association's news releases, media guidelines, and logos.


Partner With Us

Partner With Us


C.A.R. Services

We are an email, a phone call or a click away. Don't hesitate and reach out to us!


Rosters & Directories

Need help finding the right person? Try searching through our various rosters & directories.


CLOSE

Jury sides with Coldwell Banker in dual agency case

What is This?
Add a quick link to this page from the Homepage when you are signed in
Share Article

On April 5, 2018, the jury in a second trial ruled in favor of the listing salesperson and Coldwell Banker on all claims in a square footage case. This is the second jury to exonerate the listing salesperson and broker in the same matter.

Billionaire Hiroshi Horiike bought a large Malibu house for $12.25 million in 2007. Although he admitted not reading any of the documents containing varying square footage such as permits, disclosures, public records, architectural drawings, he claimed the “approximate square footage” of 15,000 square feet on a flyer was a misrepresentation and a breach of the listing salesperson’s fiduciary duty.

The first jury held in favor of the broker and the listing salesperson on intentional and negligent misrepresentation claims. The judge had dismissed the breach of fiduciary duty claim against the broker that was based solely on the listing salesperson’s actions as the buyer’s salesperson, also licensed with Coldwell Banker, was not named.

In 2016, the California Supreme Court ruled that there was an agency relationship between the buyer and the broker and listing salesperson. The trial court retried all counts from the first trial plus the breach of fiduciary duty claim. Again, the jury found, after only a day of deliberation, that the broker and listing agent were not in breach even given the dual agency structure. The defense team was headed by Neil Gunny with Robert Shulkin assisting in a compelling defense of the broker and salesperson.

Take away: Square footage continues to be an issue of disclosures. Real estate professionals should make sure that when square footage information is provided, it is clear, as is stated in the Statewide Buyer and Seller Advisory (C.A.R. Form SBSA), that the broker has not verified the square footage regardless of the source. This case involved experts with different opinions about what “living area” square footage included. It is best practice that when licensees give clients available square footage information, they should attribute the source and indicate that the licensee has not verified the information and, as stated in the SBSA, that only an appraiser can reliably confirm square footage.


FEEDBACK
Top Searches