What is the legal test for recovery of license fees from a plaintiff who was defrauded by a licensed real estate broker?

California, United States of America


The following excerpt is from Vinci v. Edmonds, 185 Cal.App.3d 1251, 230 Cal.Rptr. 308 (Cal. App. 1986):

[185 Cal.App.3d 1254] Business and Professions Code section 10470 2 et seq. creates a special fund supported by license fees to compensate individuals who are defrauded by real estate licensees. Section 10471, subd. (a) provides for recovery from the fund of unpaid judgments against a licensee for actual or constructive fraud and conversion of trust funds "arising directly out of any transaction when the judgment debtor was licensed and performed an act for which a license is a required." Recovery is available to those who have been defrauded by either a licensed real estate broker or a licensed real estate salesperson (Merrifield v. Edmonds (1983) 146 Cal.App.3d 336, 340-341, 194 Cal.Rptr. 104).

Other Questions


Does the California Real Estate Commissioner have authority to revoke a real estate broker's license? (California, United States of America)
Does a plaintiff have standing to bring an elder abuse claim against the trustee of the Estate of the deceased's estate? (California, United States of America)
What is the legal test for determining whether a real estate broker has a statutory duty? (California, United States of America)
Does a real estate broker get a commission from a landowner where the landowner has agreed to pay the broker a commission in the event of a sale? (California, United States of America)
In what circumstances will a real estate agent and real estate broker be successful in a claim for attorney fees? (California, United States of America)
What is the legal test for establishing that a plaintiff is entitled to the same procedural safeguards as a plaintiff? (California, United States of America)
Is it unlawful for a person to act as a real estate broker or salesperson without obtaining a license? (California, United States of America)
Does a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
Can a plaintiff sue other parties to litigation for interference with the Plaintiff's ability to prevail in a common law tort action? (California, United States of America)
What is the burden on a plaintiff to prove that each claim is legally sufficient and factually substantiated? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.