Real Property Law

Cal. Real. Prop. Journal 2017, VOL. 35, NO. 2

Case Comment: Horiike v. Coldwell Banker—Reaffirming the Broker-Agent Relationship

Thomas N. Jacobson

Tom Jacobson concentrates his practice on real estate and environmental matters throughout California and in Utah. During his career he has represented brokers, Associations of REALTORS’, commercial landlords and developers. Tom is a graduate of the University of Utah College of Law. In addition to practicing full time, Tom is a certified instructor for Utah real estate continuing education.

I. INTRODUCTION

The California Supreme Court’s (the "Court") review of Horiike v. Coldwell Banker Residential Brokerage Company1 provoked substantial speculation and conjecture prior to the Court’s decision, published November 21, 2016. Scholars and real estate professionals voiced their concerns about the repercussions of the anticipated decision.2 Depending on one’s perspective, the decision was either a sigh of relief or an unfortunate outcome. Despite considerable anticipation, in the end the Court did nothing more than reiterate existing law, leaving in place all of the advantages, drawbacks, conflicts, issues, and other labels affixed to California’s dual agency balancing act.

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