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HORIIKE v. COLDWELL BANKER RESIDENTIAL BROKERAGE CO.

No. S218734.

1 Cal.5th 1024 (2016)

HIROSHI HORIIKE, Plaintiff and Appellant, v. COLDWELL BANKER RESIDENTIAL BROKERAGE COMPANY et al., Defendants and Respondents.

Supreme Court of California.

November 21, 2016.

Attorney(s) appearing for the Case

Horvitz & Levy, Mitchell C. Tilner , Frederic D. Cohen ; The Law Offices of David W. Macey, David W. Macey , Lindsay M. Alter ; Higgs, Fletcher & Mack and Victor N. Pippins, Jr. , for Plaintiff and Appellant.

Degani & Galston, Katharine J. Galston and Orly Degani for Hughes Marino., Inc., as Amicus Curiae on behalf of Plaintiff and Appellant.

Barnes & Thornburg and L. Rachel Lerman for National Association of Exclusive Buyer Agents as Amicus Curiae on behalf of Plaintiff and Appellant.

Arbogast Law and David M. Arbogast for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Klinedinst, Neil Gunny ; Greines, Martin, Stein & Richland, Kent L. Richland , Edward L. Xanders and David E. Hackett for Defendants and Respondents.

Arnold & Porter, Jerome B. Falk, Jr. , and Steven L. Mayer for CBRE, Inc., Cushman & Wakefield of California, Inc., and NAIOP SoCal as Amici Curiae on behalf of Defendants and Respondents.

June Babiracki Barlow , Neil Kalin and Jenny Li for California Association of Realtors as Amicus Curiae on behalf of Defendants and Respondents.

Reed Smith , Margaret M. Grignon and Tillman J. Breckenridge for Jones Lang LaSalle as Amicus Curiae on behalf of Defendants and Respondents.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

Under California law, a real estate broker may act as a "dual agent" for both the seller and the buyer in a real property transaction, provided both parties consent to the arrangement after full disclosure. (Civ. Code, §§ 2079.14, 2079.16.) To that end, the law requires brokers to disclose whether they...

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