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HDAOR GOLF TOURNAMENT

2019 HDAOR CHARITY GOLF TOURNAMENT 

Date: Monday, June 10, 2019

Time: Sign in 7:30am * Shotgun Start 9:00am 

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4 Man Best Ball Scramble * Lunch to Follow

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Horiike v. Coldwell Banker

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

Tom 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 sign 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.

Our colleague and learned member of our bat, Rafael Chodos, recently published in the Journalan excellent article on the perspective of the Horiike case.  Chodos emphasized that scholars may ask certain questions about the case, including why the Court even took the case given the direction of its decision and concurrence with the Court of Appeal. Chodos provided an insightful analysis of constructive fraud and fiduciary duty, and questioned why the Court did not address issues of constructive fraud.5 Chodos also provided an excellent analysis of dual agency and the inherent conflict of interest many lawyers perceive with the scheme adopted by the legislature.6 

In practice, attorneys who advise brokers, buyers, and sellers do not have the luxury of knowing what was in the minds of the Court justices.  Though there was much anticipation surrounding the outcome of the Horiike case and many who thought the days of dual agency might be over, the Court left the law of dual agency untouched and simply based its decision on existing law and precedent.  This article details the facts of the Horiike case and analyzes the Court's decision and its ramifications.

 READ MORE

 

CONGRATULATIONS TO HDAOR!

Congratulations to UtahRealEstate.Com for being the first in the nation to be awarded RESO Data Dictionary v1.5 Platinum and HIGH DESERT ASSOCIATION OF REALTORS® Congratulations-Winnersfor being the second! Registration is now open for the RESO Fall Conference in San Diego. RESO has sold out every event for the past 2 years and encourages everyone to register early to make sure you get a seat at the early bird rate! RESO highlights 2016 Officers, Workgroup Chairs and participants in the latest Press Release. RESO welcomes Systsms.com, Pacific Vista Net, The Group, Inc., Broker Agent 360, Real Geeks and the Fresno Association of Realtors as new valued contributing members to round out the week.

RESO Activity Week of May 1, 2017

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Upcoming Education & Classes

Education Spotlight

Register for a class online at ims.vvar.com (log in with your normal MLS ID & Password)

* * All Classes are held at the HDAOR Office unless otherwise noted * *

10am

Class Date Class Name Class Time Class Fee                    
April 10, 2019  RPA Class - C.A.R. Instructor  8:30am - 12:30pm  REALTOR Member $49 / Non-REALTOR $65
April 18, 2019  ZipForms Webinar  10am - 11am  FREE Webinar
May 23, 2019  ZipForms Live!  10am  FREE Class
June 20, 2019  ZipForms Webinar  10am - 11am   FREE Webinar
July 12, 2019  REVEI License Renewal Course  9am - 12pm  REALTOR Member $99 / Non-REALTORS $109
August 22, 2019  ZipForms Live!  10am  FREE Class
September 19, 2019  ZipForms Webinar  10am - 11am  FREE Webinar
October 11, 2019  REVEI License Renewal Course  9am - 12pm  REALTOR Member $99 / Non-REALTORS $109
October 24, 2019  ZipForms Live!  10am  FREE Class
       
       

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