Court denies lawyer fees in real estate case

Appellate judges ruled that broker did not initially seek mediation

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A California appellate court reversed a lower court’s ruling and recognized a California Association of Realtors mediation clause related to attorney fees in a real estate dispute.

The broker who filed the lawsuit, Jay Lange, charged fraud, negligence, failure to disclose and suppression in a property he had purchased for himself. He filed the lawsuit in 2004 against Roxanne Schilling, a real estate agent, and her company, Segerstrom Real Estate Inc. The complaint centered on construction problems with the property and the level of the nearby lake.