Affirmance of Commission Merits Dispute Meant Fee Award Sustained Against Real Estate Agent.
In Aliev v. Courtney, Case No. D064239 (4th Dist., Div. 1 Nov. 24, 2015) (unpublished), plaintiff real estate purchaser challenged a commission paid to defendant salesperson, who eventually had to admit on appeal that neither he nor the brokerage company he was affiliated with were licensed brokers at the time of the transaction. The lower court required disgorgement of a $60,000 commission as well as ordered non-prevailing defendant to pay $97,125 in attorney’s fees to plaintiff under a contractual fees clause. Defendant appealed only the merits of the commission dispute awards, simply arguing that the fee award had to be reversed if the merits rulings were reversed. That did not happen such that the fee award was upheld on appeal.