George C. Barnes v. Jose L. and Myrna G. Dino
Published: Nov. 26, 1994 | Result Date: Oct. 20, 1994 | Filing Date: Jan. 1, 1900 |Case number: H1659593 – $27,425
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Edward W. Suman
(Law Offices of Edward W. Suman)
Defendant
Facts
Plaintiff George C. Barnes is a real estate broker licensed by the state of California dba Rollingwood Realty. Defendant Jose L. Dino is a licensed real estate salesman. They knew each other as prior employees of a real estate brokerage. Defendants Jose L. and Myrna G. Dino owned a residential care facility at 268 Lewelling Boulevard, San Lorenzo, that they had unsuccessfully been trying to sell. Defendant Mr. Dino requested Plaintiff's assistance in selling the facility. Mr. Barnes alleged that, for performing services as a real estate broker, Mr. Dino agreed that Mr. Barnes would receive 4 percent of the accepted sales price of the property; Mr. Dino alleged that he only agreed to a 3 percent commission. On September 11, 1991, the Dinos and buyers Precy B. and Ricardo D. Pardo, who Mr. Barnes introduced to the Dinos, entered into a purchase agreement brokered by Mr. Barnes, whereby the Pardos would buy the property for the Defendants' counter-offered price of $725,000. Soon thereafter the transaction was cancelled by mutual agreement by all parties because of a tax lien against the property that would create a negative escrow. On or about October 30, 1991, the Dinos and Pardos, allegedly without Mr. Barnes' knowledge, signed papers for the Pardos to purchase the property from Defendants Dinos for the sum of $705,000. The Dinos alleged that Mr. Barnes abandoned the buyers.
Settlement Discussions
Plaintiff contends he demanded $17,000 and Defendant made no offer.
Damages
A commission of 4 percent of $705,000 in the amount of $28,200; plus interest at the rate of 10 percent per annum in the amount of $8,342 for a total of $36,542; plus punitive damages for fraud.
Deliberation
4 hours
Poll
8-0 liability, 6-2 interest, 8-0 no fraud and no attorney fees
Length
4 days
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