Burch v. Argus Properties, Inc.

3 Citing cases

  1. Nelson v. Department of Real Estate

    161 Cal.App.3d 939 (Cal. Ct. App. 1984)   Cited 3 times

    ]" ( Porter v. Fiske (1946) 74 Cal.App.2d 332, 336 [ 171 P.2d 971].) (1c) Plaintiff relies upon Burch v. Argus Properties, Inc. (1979) 92 Cal.App.3d 128 [ 154 Cal.Rptr. 485], for the proposition that nonrefundable fees for services to be rendered, such as CCFS's advance preparation fee, are not advance fees within the meaning of sections 10026 and 10146. However, plaintiff's reliance is misplaced.

  2. Grubb & Ellis v. Porter Ranch Shopping Center, LLC

    No. B217181 (Cal. Ct. App. Sep. 16, 2010)

    We disagree. If, as Porter Ranch alleges, Grubb & Ellis lied (repeatedly) to Klein about reducing its commission in order to induce Porter Ranch to close the sale at a reduced price, with the undisclosed intention of relying on the requirement of a writing specified in the listing agreement to avoid honoring this commitment, Porter Ranch’s failure to anticipate and protect against such conduct by its fiduciary does not immunize that breach, which is based on a duty arising from the real estate agent-principal relationship itself and not the listing agreement. (See Charnay v. Cobert, supra, 145 Cal.App.4th at p. 182; see also Burch v. Argus Properties, Inc. (1979) 92 Cal.App.3d 128, 131-132 [“[T]he major purpose of the Real Estate Law is to protect the public by insuring that real estate brokers are honest and truthful with their clients. There does not need to be bad faith or malfeasance for a violation.”].

  3. In re Grabau

    151 B.R. 227 (N.D. Cal. 1993)   Cited 17 times
    Discussing § 10159.2 and how it fails to create a private cause of action

    None of the cases cited by Plaintiff apply to this case. In Burch v. Argus Properties, Inc., 92 Cal.App.3d 128, 154 Cal.Rptr. 485 (4th Dist. 1979), the Defendant was the corporate entity. In Haigler v. Donnelly, 18 Cal.2d 674, 117 P.2d 331 (1941), the broker who actually collected the funds was the individual defendant.