Coulsby

Coulsby v. Barwick

Good Law
193 Cal. App. 3d 1612·1987 Cal. App. LEXIS 2005·239 Cal. Rptr. 147
Court of Appeal of CaliforniaJuly 13, 1987No. D004560California2,538 words

Opinion

Lead Opinion

Butler, J.

Rodger Barwick appeals from a probate court order reducing his broker’s commission on the sale of real property by James W. Coulsby, Jr., administrator of decedent Ralph L. Brown’s estate. We shall affirm.

I

Coulsby entered into a written contract with Golden Investment and Property Management (Golden) to secure a purchaser for decedent’s real property located in Lemon Grove, California. Golden obtained an offer of $412,000 for the property from William and Mareta Harding. February 19, 1986, Coulsby petitioned the court to confirm the sale to the Hardings and to approve Golden’s 6 percent commission amounting to $24,720.

At the confirmation hearing, Barwick, a licensed real estate broker, presented an increased bid for $433,100 on behalf of Kenneth and Violet Barwick. Barwick also requested the court fix commissions payable to him as agent for the overbidder at $13,626. 1 The court issued an order confirming the sale to the overbidders and postponing determination of brokers’ commissions.

Barwick filed his declaration and points and authorities urging the court determine his commission consistent with the court’s general policy of awarding brokers’ commissions…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.