Buyer’s Substantial Fee Award Affirmed On Appeal.
In a decision worth reading on buyer’s broker’s duties, rescission, and specific performance (with a majority and concurring/dissenting opinions), the 4/2 DCA also confronted a $776,757.88 contractual attorney’s fees award to the prevailing buyer in a real estate purchase. Seller in Greif v. Sanin, Case Nos. E070283 et al. (4th Dist., Div. 2 Jan. 26, 2022) (published) appealed the fee award on the grounds that buyer failed to pursue mediation as required by a clause in the Purchase Agreement before filing a specific performance action. The appellate court rejected this argument because there was an exception from mediation for filing a court action to enable the recording of a lis pendens. It was inconsequential that the specific performance action was filed first, followed several months later by the filing/recording of the lis pendens. Beyond that, the record showed that buyer neither discouraged nor refused to engage in a mediation, with the parties engaging in two mediations and several settlement conferences without success.
BLOG HAT TIP—One of the attorneys representing buyer at trial and on appeal is Proud Usahacharoenporn, a partner at Rutan & Tucker (a local Orange County firm). Co-contributor Mike has had the chance to co-counsel with her on some matters, and she is a true professional and delight to work with. Congratulations, Proud!