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HORIIKE v. COLDWELL BANKER RESIDENTIAL BROKERAGE COMPANY (To be called and continued to the September 2016 calendar.)

Respondents’ Petition for Review

42 Cited authorities

  1. Paterno v. State

    74 Cal.App.4th 68 (Cal. Ct. App. 1999)   Cited 684 times
    Affirming first jury's verdict rejecting this theory

  2. Assilzadeh v. California Federal Bank

    82 Cal.App.4th 399 (Cal. Ct. App. 2000)   Cited 150 times
    Stating that a broker's fiduciary duty to his clients requires "the highest good faith and undivided service and loyalty"

  3. Salahutdin v. Valley of California, Inc.

    24 Cal.App.4th 555 (Cal. Ct. App. 1994)   Cited 124 times   1 Legal Analyses
    Describing constructive fraud as "a unique species of fraud applicable only to a fiduciary or confidential relationship."

  4. Leko v. Cornerstone Bldg. Inspection Serv.

    86 Cal.App.4th 1109 (Cal. Ct. App. 2001)   Cited 71 times
    Holding that in addition to the statutory duty of section 2079, a real estate broker serving as dual agent for buyer and seller “also owes the purchaser a higher fiduciary duty to act with the utmost care, integrity, honesty and loyalty”

  5. Stoiber v. Honeychuck

    101 Cal.App.3d 903 (Cal. Ct. App. 1980)   Cited 101 times
    Holding that punitive damages are available for nuisance as an intentional tort and intentional infliction of emotional distress claims

  6. Michel v. Moore & Associates, Inc.

    156 Cal.App.4th 756 (Cal. Ct. App. 2007)   Cited 38 times
    Distinguishing concepts

  7. Rental Housing Owners Assn. of Southern Alameda County, Inc. v. City of Hayward

    200 Cal.App.4th 81 (Cal. Ct. App. 2011)   Cited 31 times
    Rejecting Fourth Amendment challenge to ordinance allowing inspection absent consent only by way of an inspection warrant

  8. Holmes v. Summer

    188 Cal.App.4th 1510 (Cal. Ct. App. 2010)   Cited 27 times
    In Holmes, the seller's broker failed to disclose to the buyer that the purchased residential property was over-encumbered with debt.

  9. Field v. Century 21 Klowden-Forness Realty

    63 Cal.App.4th 18 (Cal. Ct. App. 1998)   Cited 34 times
    Concluding "the fiduciary duty of a broker, who contracts to exclusively represent a purchaser of real property to investigate for its client, is independent of the separate obligation imposed on a seller's broker to conduct a reasonable visual inspection of the marketed property for a buyer's protection, as announced in Easton v. Strassburger 152 Cal.App.3d 90 and incorporated into section 2079"

  10. Coldwell Banker Res. Brok. v. Superior Ct.

    117 Cal.App.4th 158 (Cal. Ct. App. 2004)   Cited 24 times   1 Legal Analyses
    Stating that plaintiff could not state a cause of action for "fraud and misrepresentation" against real estate broker related to sale of property in part because "no broker-customer relationship existed" between plaintiff and defendant, and defendant, "as a professional supplier of information in a commercial context, intended to induce [buyer], not [plaintiff], to act in reliance on its representations"

  11. Section 13

    Cal. Const. art. VI § 13   Cited 4,546 times
    Requiring a "miscarriage of justice"

  12. Section 1031 - Exchange of real property held for productive use or investment

    26 U.S.C. § 1031   Cited 731 times   78 Legal Analyses
    Providing for the nonrecognition of gain from exchanges of investment property for other investment property of like kind

  13. Section 324.010 - Definitions for chapter

    Ky. Rev. Stat. § 324.010   Cited 15 times
    Providing that "principal broker" means "a person licensed as a broker under KRS 324.046 who, in addition to performing acts of real estate brokerage or transactions comprehended by that definition, is the single broker responsible for the operation of the company with which he or she is associated"

  14. Section 645.252 - Duties of licensee acting as agent in real estate transaction

    Nev. Rev. Stat. § 645.252   Cited 12 times
    Requiring a real estate agent to "exercise reasonable skill and care with respect to all parties to the real estate transaction"

  15. Section 4735.51 - Agency relationship - disclosure definitions

    Ohio Rev. Code § 4735.51   Cited 8 times

    As used in sections 4735.51 to 4735.74 of the Revised Code: (A) "Agency" and "agency relationship" mean a relationship in which a licensee represents another person in a real estate transaction. (B) "Agency agreement" means a contract between a licensee and a client in which the client promises to pay the broker a valuable consideration, or agrees that the licensee may receive a valuable consideration from another, for performing an act that requires a real estate license under this chapter. (C)

  16. Section 4735.70 - Dual agency definitions

    Ohio Rev. Code § 4735.70   Cited 4 times

    The following are dual agents under this chapter: (A) A licensee who represents both the purchaser and the seller as clients in the same real estate transaction; (B) A brokerage that represents both the purchaser and the seller as clients in the same real estate transaction; (C) A management level licensee who represents a client in an in-company transaction. If there is more than one management level licensee affiliated with the brokerage and either of the following applies, the management level

  17. Section 62-13-406 - Designated broker - Managing broker

    Tenn. Code § 62-13-406   Cited 5 times

    (a) A licensee entering into a written agreement to represent any party in the buying, selling, exchanging, renting or leasing of real estate may be appointed as the designated and individual agent of this party by the licensee's managing broker, to the exclusion of all other licensees employed by or affiliated with the managing broker. A managing broker providing services under this chapter shall not be considered a dual agent if any individual licensee so appointed as designated agent in a transaction

  18. Section 54-2084 - BROKERAGE AGENCY RELATIONSHIPS - CREATION

    Idaho Code § 54-2084   Cited 2 times

    (1) A buyer or seller is not represented by a brokerage in a regulated real estate transaction unless the buyer or seller and the brokerage agree, in a separate written document, to such representation. No type of agency representation may be assumed by a brokerage, buyer or seller or created orally or by implication. (2) Types of brokerage relationships. The following types of brokerage relationships are recognized: (a) Nonagency; (b) Agency representation; (c) Limited dual agency representation;

  19. Section 58-30,113 - Transaction broker; obligations of; disclosure of information

    Kan. Stat. § 58-30,113   Cited 1 times

    (a) A broker engaged as a transaction broker shall not act as an agent for either party. (b) A transaction broker shall have the following obligations and responsibilities: (1) To perform the terms of any written or oral agreement made with any party to the transaction; (2) to exercise reasonable skill and care as a transaction broker, including, but not limited to: (A) Presenting all offers and counteroffers in a timely manner, even when the property is subject to a contract of sale; (B) advising

  20. Section 08.88.640 - Designated licensee relationship

    Alaska Stat. § 08.88.640   Cited 1 times

    (a) Unless the broker is the designated licensee, the relationship, including the duties, obligations, and responsibilities of the relationship, established between a person and a designated real estate licensee does not extend to the real estate broker for whom the designated licensee is working, to another real estate licensee who works for the same real estate broker, or to an owner of the business that employs the real estate broker. The extent or limitations of the relationship between the broker

  21. Section 58A .0104 - AGENCY AGREEMENTS AND DISCLOSURE

    21 N.C. Admin. Code 58A.0104

    (a) Every agreement for brokerage services in a real estate transaction and every agreement for services connected with the management of a property owners association shall be in writing and signed by the parties thereto. Every agreement for brokerage services between a broker and an owner of the property to be the subject of a transaction shall be in writing and signed by the parties at the time of its formation. Every agreement for brokerage services between a broker and a buyer or tenant shall

  22. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)