• Land Use Attorney Capitola

CASE UPDATE: California Supreme Court Rules On Duties Of Real Estate Agents in Dual-Agent Transactions. (What does this mean for Santa Cruz real estate agents?)

In Horiike v. Coldwell Banker Residential Brokerage Co., (2016) 201 Cal.Rptr.3d 1, 383 P.3d 1094, the California Supreme Court ruled that all salespeople working under a single broker in a “dual agent” transaction owe the same fiduciary duties to both buyers and sellers that the broker does, even if different agents within the brokerage represent the buyer and seller separately.

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CASE UPDATE: Court Affirms Dismissal Of Quiet Title Claim Even Though Plaintiff’s Name Was Fraudulently Omitted From Prior Deed.

In Lin v. Coronado (2014), 2014 WL 6398772, the court dismissed the plaintiff’s quiet title claim finding that a change that was made to a revised version of a deed that omitted plaintiff’s name was immaterial, and thus, no basis to void the altered deed.  The plaintiff, Helen Lin, alleged that she contributed $150,000 toward a $250,000 purchase of property at a trustee sale with two other partners, River Forest and Elevation Investments; that the original version of the trustee’s deed named the transferees as “RIVER FOREST FINANCIAL LLC 75%, ELEVATION INVESTMENTS 25% HELEN LIN”; that the version of the trust deed that was subsequently recorded was altered to omit HELEN LIN from the named transferees (unbeknownst to Lin); that River Forest then quitclaimed its entire interest in the property to Elevation, which then sold the property to the defendant in this case, Mireya Coronado.

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CASE UPDATE: Court Rejects Strict Interpretation Of “Merger Doctrine” In Sonoma Winery Nondisclosure Case.

In Ram’s Gate Winery, LLC v. Roche, (2015) 2015 WL 1570193, the court of appeal reversed the trial court’s summary adjudication judgment and held that there were disputed issues of fact involved in a real estate non-disclosure case.  Plaintiffs purchased property in Sonoma County upon which they intended to build a new winery.  After the close of escrow, the buyers first discovered an active fault trace on the property that substantially increased their cost of development, and they sued the sellers for fraud, negligent misrepresentation and breach of contract for failing to disclose the fault. 

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CASE UPDATE: Defrauded Home Buyer Entitled To Full Rescission Notwithstanding Complications Involved In Unwinding The Sale Several Years Later.

In Wong v. Stoler, (2015) 237 Cal.App.4th 1375, the court of appeal reversed the trial court judgment denying rescission remedies to defrauded home buyers.  The buyers purchased a hillside home for $2.35 million. The sellers failed to disclose and actively concealed the facts that: the home was on a private sewer system that went down a steep ravine through public open space; that the property was subject to an informal homeowners’ association to maintain the sewer system; and that the local government agency had issued a notice of abatement to fix leaks in the sewer system.  Plaintiffs’ experts testified that the sewer system was susceptible to damage, and that system failure was inevitable and would cost $500k-$600k to replace two of the lines.

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Miles J. Dolinger
Attorney at Law

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

“I would definitely go with Mr. Dolinger again, and I would recommend him in a heartbeat to anyone who is looking for representation. He knows his business and he is very good at it.”

Richard. February 8, 2015
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