Civil Fraud Case Judgement not sufficient to Suspend CA Brokers License

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Real Estate Broker/Owner with Jim W Hildreth Real Estate Brokerage & Mediation Services 00569218

The following case covers the Topic of Civil Fraud Judgement not sufficient to Suspend CA Brokers License. (2011) 194 Cal.App.4th 1494

An employee of appellant The Grubb Company, Inc. (Grubb), a licensed real estate brokerage firm, represented both parties in negotiations for the sale of a residence. The sale fell through, and the sellers, against Grubb's advice, declined to return the buyers' deposit. The buyers sued Grubb, several of its employees, and the sellers. The jury found that Grubb and one of its employees had made misrepresentations and breached their fiduciary duty. The jury also found, however, that the buyers had not shown by clear and convincing evidence that Grubb or its employee acted with malice, fraud, or oppression.

1497*1497 The California Real Estate Commissioner (Commissioner) initiated administrative disciplinary proceedings against Grubb under a statute, Business and Professions Code section 10177.5,[1] authorizing discipline based upon a civil judgment against a real estate licensee for misrepresentation, fraud, or deceit in connection with a transaction for which a license is required. After a hearing, an administrative law judge recommended that no discipline be imposed, but the Commissioner rejected the recommendation and imposed discipline. The trial court denied Grubb's petition for a writ of mandate.

On this appeal, Grubb argues that, notwithstanding the terms of the authorizing statute, the Commissioner cannot constitutionally discipline a real estate licensee based on a judgment procured by proof by a preponderance of the evidence rather than on clear and convincing evidence.

 

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Rainer
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Lehel Szucs
All Seasons Real Estate, Inc. - Covina, CA
REALTOR of choice

you do wrong you should be able to be punished .... 

Nov 19, 2011 05:10 AM #1
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