Jorgensen

Meta Jorgensen appeals from a judgment nonsuiting her lawsuit against her realtor broker, Beach ’N’ Bay Realty, Inc., and her agents William Lavis and Robert Lossing alleging fraud, misrepresentation, breach of fiduciary duty, and negligence in their handling of her real estate sale. She correctly alleges the trial court erred in finding her evidence insufficient to allow the jury to consider any cause of action.

Jorgensen’s Evidence

Jorgensen listed a residential property, close to her own house, with an acquaintance, Lossing, an agent working for Beach ’N’ Bay. This was Lossing’s first listing, so he teamed with Lavis, a more experienced fellow agent at Beach ’N’ Bay, agreeing Lavis would receive one-third of the sales commission. The property was listed at $214,500.

While employed by Jorgensen to sell her property, Lavis and Lossing met the Albins, a wealthy Mexican family looking for southern California real estate investments. Lavis and Lossing showed the Albins a number of commercial and residential investment properties in which the Albins expressed little interest. Lavis and Lossing then showed the Albins the Jorgensen property, and prepared their offer,…