Real estate broker, escrow agent and notary liability
Author | Stanton T. Mathews/Anoush Lancaster |
Pages | 313-350 |
BROKER, AGENT
NOTARY LIABILITY
10-1
CHAPTER 10
REAL ESTATE BROKER, ESCROW
AGENT AND NOTARY LIABILITY
§101:0 0 BROKER LIABILITY TO PURCHASER FOR INTENTIONAL NONDISCLOSURE OF MATERIAL FACTS
[NEGATIVE FRAUD OR FRAUDULENT CONCEALMENT]
§102:00 BROKER LIABILITY TO PROSPECTIVE PURCHASER FOR FAILURE TO INSPECT AND DISCLOSE
[CALIFORNIA CIVIL CODE §2079]
§103:00 BROKER’S CONSTRUCTIVE FRAUD
§104:00 ACTION FOR COMMISSION ON EXCLUSIVE RIGHT TO SELL LISTING
§105:00 ACTION FOR COMMISSION ON EXCLUSIVE AGENCY LISTING
§106:00 PRINCIPAL’S BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING
§107:00 ESCROW AGENT’S NEGLIGENCE AND CONSTRUCTIVE FRAUD
§108:00 NEGLIGENCE OF NOTARY PUBLIC AND SURETIES
§101:0 0 BROKER LIABILITY TO PURCHASER FOR INTENTIONAL NONDISCLOSURE OF MATERIAL FACTS
[NEGATIVE FRAUD OR FRAUDULENT CONCEALMENT]
§1:10 Definition
§1:20 Elements
§1:21 Real Estate Broker
§1:22 Purchaser
§1:23 Broker’s Knowledge
§1:24 Breach of Duty to Disclose Material Facts
§1:25 Intent to Induce Purchase
§1:26 Reliance
§1:27 Resulting Damages
§1:30 Authorities
§1:31 Real Estate Broker
§1:32 Purchaser
§1:32a Subsequent Purchasers
§1:32b Lessees
§1:33 Broker’s Knowledge
§1:34 Breach of Duty to Disclose Material Facts
§1:34a Statutory Duties of Disclosure
§1:34b Contract Provisions
§1:34c What Constitutes Material Facts
§1:35 Intent to Induce Purchase
§1:36 Reliance
§1:40 Remedies
§1:50 Statute of Limitations
§1:60 Affirmative Defenses
§1:70 Related Causes of Action
BROKER, AGENT
NOTARY LIABILITY
California Causes of Action 10-2
§102:00 BROKER LIABILITY TO PROSPECTIVE PURCHASER FOR FAILURE TO INSPECT AND DISCLOSE
[CALIFORNIA CIVIL CODE §2079]
§2:10 Definition
§2:20 Elements
§2:21 Broker Representing Seller
§2:22 Residential Real Property
§2:23 Duty to Prospective Purchaser
§2:24 Breach of Duty to Inspect
§2:25 Breach of Duty to Disclose Material Facts
§2:30 Authorities
§2:31 Broker Representing Seller
§2:32 Residential Real Property
§2:33 Duty to Prospective Purchaser
§2:34 Breach of Duty to Inspect
§2:35 Breach of Duty to Disclose Material Facts
§2:40 Remedies
§2:50 Statute of Limitations
§2:60 Affirmative Defenses
§2:70 Related Causes of Action
§103:00 BROKER’S CONSTRUCTIVE FRAUD
§3:10 Definition
§3:20 Elements
§3:21 Fiduciary or Confidential Relationship
§3:22 Breach of Duty
§3:23 Broker Gains Some Advantage
§3:24 Justifiable Reliance
§3:25 Causation and Damage
§3:30 Authorities
§3:31 Fiduciary or Confidential Relationship
§3:31a Duty of Good Faith
§3:31b Duty to Fully Disclose Material Facts
§3:31c Fiduciary vs. Other Types of Relationships
§3:31d Scope of Fiduciary Duty
§3:31e Burden of Proof
§3:32 Breach of Duty
§3:32a What Constitutes Constructive Fraud
§3:32b Examples of Breach/No Breach
§3:33 Broker Gains Some Advantage
§3:34 Justifiable Reliance
§3:34a Plaintiff’s Duty to Investigate
§3:35 Causation and Damage
§3:40 Remedies
§3:50 Statute of Limitations
§3:60 Affirmative Defenses
§3:70 Related Causes of Action
§104:00 ACTION FOR COMMISSION ON EXCLUSIVE RIGHT TO SELL LISTING
§4:10 Definition
§4:20 Elements
§4:21 Exclusive Right to Sell Listing
§4:22 Written Listing Agreement
§4:23 Definite Termination Date
§4:24 Licensed Real Estate Broker
§4:25 Sale or Procurement of Ready, Willing and Able Buyer
BROKER, AGENT
NOTARY LIABILITY
10-3 Real Estate Broker, Escrow Agent and Notary Liability
§4:30 Authorities
§4:31 Written Listing Agreement
§4:32 Definite Termination Period
§4:33 Licensed Real Estate Broker
§4:34 Sale
§4:34a During Term of Listing Agreement
§4:34b During “Safety Clause” Period
§4:34c After Listing Has Expired
§4:35 Procurement of Ready, Willing and Able Buyer
§4:36 Other Ways Commission Accrues
§4:40 Remedies
§4:50 Statute of Limitations
§4:60 Affirmative Defenses
§4:70 Related Causes of Action
§105:00 ACTION FOR COMMISSION ON EXCLUSIVE AGENCY LISTING
§5:10 Definition
§5:20 Elements
§5:21 Exclusive Agency Listing Agreement
§5:22 Written Listing Agreement
§5:23 Definite Termination Date
§5:24 Licensed Real Estate Broker
§5:25 Procurement
§5:26 Ready, Willing and Able Buyer
§5:27 Sale
§5:30 Authorities
§5:31 Exclusive Agency Listing Agreement
§5:32 Written Listing Agreement
§5:33 Definite Termination Date
§5:34 Licensed Real Estate Broker
§5:35 Procurement
§5:36 Ready, Willing and Able Buyer
§5:37 Sale
§5:38 Other Ways Commission Accrues
§5:40 Remedies
§5:50 Statute of Limitations
§5:60 Affirmative Defenses
§5:70 Related Causes of Action
§106:00 PRINCIPAL’S BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING
§6:10 Definition
§6:20 Elements
§6:21 Contract
§6:22 Duty of Good Faith and Fair Dealing
§6:23 Duty Owed by Principal to Broker
§6:24 Ready, Willing and Able Buyer
§6:25 Breach of Duty
§6:30 Authorities
§6:31 Contract
§6:32 Duty of Good Faith and Fair Dealing
§6:33 Duty Owed by Principal to Broker
§6:34 Ready, Willing and Able Buyer
§6:35 Breach of Duty
§6:35a Sale to Buyer Procured by Broker
§6:35b Sale to Another Buyer
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