Carazo v. Lopez

Opinion

MUNOZ, J.

*

Appellant, Yelba Lopez, appeals from the judgment of $1,982 plus 7 percent interest from March 22, 1974, entered in favor of

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respondents, Rafael and Maria Carazo, following a trial before the trial court sitting without a jury.

On or about October 31, 1975, appellant, a real estate agent, was employed by respondents to procure a buyer for respondents’ property. Respondents could not read or write the English language and all of the documents that were subsequently signed by them were in the English language.

In January 1974, appellant presented an offer to purchase the property from Maria and Adam Chavez. Respondents were unable to read or understand the contents of the documents presented by appellant and appellant undertook to advise respondents of their nature and contents. Based upon appellant’s representations, respondents accepted the Chavez’ offer.

Thereafter appellant caused an escrow to be opened. Respondents were entirely ignorant of the procedures involved and appellant represented that she would take care of everything for them. During the escrow period, appellant had respondents sign all of the documents necessary to complete the escrow. One of the documents was a second deed of trust in the sum of $3,092.60 which was to be part of the purchase price. Another document was an assignment of that deed of trust to appellant. Respondents did not know that they were to receive a second deed of trust from the Chavezes as a part of the purchase price, nor did they agree at any time to assign that deed of trust to appellant. It was their belief, based upon appellant’s representations, that they would receive the value of their equity in the property less appellant’s 6 percent commission.

On March 22, 1974, escrow closed. Out of the proceeds of the escrow respondents received the sum of $500. At the time they received this money, appellant represented they would receive the balance in cash in the near future. About one month later, after repeated inquiries from respondents, appellant informed respondents that the $500 was all they were to receive.