Facts

According to a written contract, defendant Ken Yeung was supposed to sell property he owned in San Diego to plaintiffs Gregory T. Joyner and Marisa A. Joyner for $375,000. Joyner was a real estate agent for cross defendant Keller-Williams Realty and entered into a residential listing agreement with defendant's mother, Ann Lee. Gregory was to receive a commission for securing a buyer for Lee's property next door. Several weeks later, Lee demanded that Joyner reduce his commission on the sale of her home. Joyner refused to accept that and Yeung refused to go forward in the sale of his property.

PLAINTIFF'S CONTENTIONS:
The Joyners alleged they were entitled to specific performance and damages and sought to close the purchase transaction.

DEFENDANT'S CONTENTIONS:
Ken Yeung denied allegations and contended that the Joyners' claims were barred due to inequitable, improper and unlawful conduct. Yeung filed a cross complaint against Keller-Williams Realty alleging breach of fiduciary duty.

Damages

Damages include $27,290 for loss of rents and $34,702 for loss of $1,031 exchange benefits.

Result

The court found in favor of plaintiffs and awarded specific performance, including damages of $7,380. The court further found that Keller-Williams Realty was not acting as broker for Ken Yeung and rendered judgment in favor of Keller-Williams.

Other Information

Defendant intends to appeal. FILING DATE: April 9, 2004.