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California Court of Appeal


Holmes v. Summer, G041906

In homebuyers' suit against the seller's brokers, claiming that the brokers were under an obligation to disclose to the buyers that the property was overencumbered and cannot in fact be sold to them at the agreed upon purchase price, trial court's judgment sustaining the brokers' demurrer to the complaint is reversed as, under the facts of this case, the brokers were obligated to disclose to the buyers that there was a substantial risk that the seller could not transfer title free and clear of monetary liens and encumbrances.

Appellate Information

  • Decided 10/06/2010
  • Published 10/06/2010

Judges

  • MOORE

Court

  • California Court of Appeal

Counsel

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