Wang

The trial court awarded attorney fees to defendant Kenneth K. Wang (Wang) following his successful defense of the fraud complaint filed by Super 7 Motel Associates (appellant). Appellant claims the attorney fee award was improper. We agree.

1. Facts

Appellant sued numerous parties in connection with its purchase of certain property. Appellant’s complaint alleged the seller (Westland Motel Associates) had engaged in fraud by failing to disclose certain information about the property. Appellant alleged that Wang, the real estate broker for seller, engaged in the same fraud. Appellant’s lawsuit sought rescission or, alternatively, fraud damages.

Though appellant recovered damages against seller, Wang was acquitted of liability. Wang subsequently requested his attorney fees and costs. He claimed fees under paragraph 14 of the “Real Estate Purchase Contract and Receipt for Deposit,” the document containing the terms of appellant’s offer to purchase the property from seller. Paragraph 14 stated: “In any action or proceeding arising out of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs.”

The document contained a separate…