All Things Newz
Law \ Legal

Finders And The Statute Of Frauds – Real Estate


To print this article, all you need is to be registered or login on

Section 1624 of the California Civil Code specifies a number of
agreements that are invalid unless they, or some “note or
memorandum thereof”, are in writing and signed by the party to
be charged or the party’s agent. One of the agreements
specified in the statute is “an agreement authorizing or
employing an agent, broker, or any other person to purchase or sell
real estate, or to lease real estate for a longer period than one
year, or to procure, introduce, or find a purchaser or seller of
real estate or a lessee or lessor of real estate where the lease is
for a longer period than one year, for compensation or a

Denise Tukes claimed that she was entitled to a finder’s fee
in connection with a sale of real property. Section 1624 and the
want of a written agreement seemingly doomed her case. The Court of
Appeal, however, found that Ms. Tukes could avail herself of an

We are satisfied that Tukes has alleged sufficient investment of
time and effort in reliance on the Bennett Trustee’s alleged
promise to plead estoppel.

Tukes v. Richard, 2022 WL 2680072.

The Court of Appeal’s exception may actually swallow the
whole. The purpose of the Statute of Frauds is to prevent
fraudulent claims by requiring more reliable evidence in the form
of a writing and a signature. Following Tukes, a plaintiff
need only allege that he or she worked “really hard”
based on alleged oral promise in order to claim a finder’s

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Real Estate and Construction from United States

The Strengths Of Rights Of First Refusal

Cadwalader, Wickersham & Taft LLP

On March 30, 2022, the New York State Supreme Court, New York County (the “Court”) decided in Times Square JV LLC v. Walber Broadway LLC that a ground lease-tenant…

Who Pays For The Maintenance On A Commercial Property?

Goodsill Anderson Quinn & Stifel

If you rent a commercial property to run your business, you want to think about all of the different costs that go along with it. Simply paying the rent every month is just the beginning.

Anwalt & Architekt | Podcast Serie | Episode 3

Ankura Consulting Group LLC

In unserem Podcast Anwalt & Architekt diskutieren Dr. Norbert Reuber (Hecker Werner Himmelreich), David Poschen (Hecker Werner Himmelreich), Juan Carlos Klug (Ankura)…


Source link

Related posts

CNIPA、「2022年中国知的財産権発展状況評価報告書」を発表 – Trademark – China

Preparing Your AI Regulatory Compliance Program For 2023 – Privacy Protection

Hong Kong Privatisation: Headcount Test For Cayman Scheme To Be Abolished On 31 August 2022 – Shareholders