Court Awards Sanctions to Listing Agent Real Estate Agent for Frivolous Lawsuit

In Peake v. Underwood, a California appellate court recently upheld an award of sanctions against a buyer of property in favor of a listing agent. In Peake, plaintiff filed a lawsuit against the sellers and listing agent claiming nondisclosures relating to defective subflooring. The agent was able to show that he disclosed prior reports relating to the subfloors, as well as photographs. Plaintiff refused to withdraw her claims and the motion was heard. The court held that plaintiff’s claims were, “utterly lacking in legal merit.” The court granted the motion. Unfortunately, the court did not publish the amount of the sanctions awarded.

Shannon B. Jones, Partner, sbj@sbj-law.com