Amato

Amato v. Downs

Good Law
Court of Appeal of CaliforniaMay 6, 2022E075421California4,033 words

Opinion

Opinion

I. BACKGROUND

In 1995, Amato purchased a house in a gated community in Rancho Mirage. On

October 1, 2016, Amato agreed in writing to list the property for sale through Downs for

a list price of $775,000. Amato testified that he believed that the property was worth

more, but he relied on Downs’s view that the house was in such poor condition that it

would be attractive only to investors intending to tear it down and rebuild it. Downs told

Amato that he knew investors who might be interested in buying the property in that

condition, and Amato agreed to Downs acting in a dual agency role for the transaction,

representing both buyer and seller.

On October 3, 2016, Downs presented Amato with a purchase offer from the

eventual buyer, Bruno Lemay. After a series of counteroffers, Amato and Lemay agreed

on a sale price of $750,000. During escrow, however, Amato concluded that “he had

been duped” after an inquiry from Lemay suggested he did not in fact intend to tear down

the house. Amato attempted to cancel the transaction. Lemay did not agree to do so,

however, and Amato rescinded his attempt to cancel escrow; the sale closed in November

2016.

Amato filed this lawsuit in…

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