Estate of Lopez

Henry Tong appeals from an order of the superior court sitting in probate, by which he was denied a commission on the sale of real property from the estate of Rosario Lopez (William Lopez and Carmen J. Miller, executors). We hold Tong is entitled to the commission because his broker’s license, although lapsed at the time the buyer was procured and the sale confirmed, had been renewed before the sale was consummated. We therefore reverse the order.

Facts

On May 13, 1991, the executors filed a petition for confirmation of sale of real property of the estate. The amount bid was $560,000. According to the confirmation petition, the buyers were procured by Optima Realty, which held an exclusive agency contract with the estate for sale of the property.

At the June 5, 1991, confirmation hearing, Hsung-Ying Liang made a successful overbid of $602,000. Although Liang bid on his own behalf, and no broker or agent appeared for him, he entered Henry Tong’s name on a written bid form as the person entitled to receive a commission on the sale. Optima Realty’s name also appears, typed, on the preceding line. According to Liang’s declaration, he was given the preprinted form by the…