Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Halvorson v. Real Estate Agency

Court of Appeals of Oregon

March 14, 2018

John Olaf HALVORSON, Petitioner,
v.
REAL ESTATE AGENCY, Respondent.

          Argued and submitted November 28, 2016.

         Real Estate Agency 201390

          Gary Roberts argued the cause for petitioner. With him on the opening brief was Roberts Law Group PC. With him on the reply brief were Jordan Roberts and Roberts Law Group PC.

          Jeff J. Payne, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

          Before Armstrong, Presiding Judge, and Tookey, Judge, and Lagesen, Judge.

         Case Summary: Petitioner seeks judicial review of a final order of the Oregon Real Estate Agency in which the agency concluded that petitioner had violated three professional standards and then revoked his real estate broker license based on those three violations. Petitioner argues, among other things, that the agency was not entitled to summary determination and that he should have been afforded a hearing. Held: The agency was not entitled to summary determination on two of three alleged violations of professional standards because there exist disputed issues of fact that are material to such a determination and because the agency did not carry its burden to produce evidence that petitioner violated one of those standards. Because the agency's decision to revoke petitioner's license was based on all three violations found by the agency, the entire case is reversed and remanded for further proceedings.

         Reversed and remanded.

         [290 Or. 757] TOOKEY, J.

         Petitioner seeks judicial review of a final order of the Oregon Real Estate Agency in which the agency concluded that petitioner had violated professional standards and then revoked his real estate broker license. Petitioner asserts, among other things, that the agency erred in issuing a final order based on the administrative law judge's (ALJ) grant of the agency's motion for summary determination because petitioner had raised genuine issues of material fact and the agency was not entitled to a favorable ruling as a matter of law. We conclude that the agency was not entitled to summary determination and, accordingly, we reverse and remand.[1]

         Because this matter is on review from a grant of summary determination for the agency, we view the evidence in the light most favorable to petitioner, the nonmoving party. Wolff v. Board of Psychologist Examiners, 284 Or.App. 792, 800, 395 P.3d 44 (2017).

         Petitioner held an active Oregon real estate broker license until March 31, 2013, when he let it expire. His license was associated with Pacific Commercial Group, LLC, which was a real estate brokerage firm formed by petitioner and his brother-in-law, Richard Baek. Richard and his sister Grace Baek, petitioner's then-wife, held two parcels of property in Oregon through two limited liability companies- Baek 124th LLC and Baek Holdings, LLC (the Baek LLCs). At some point, Grace gave petitioner a 25 percent interest in each of the Baek LLCs, such that Richard held 50 percent, Grace held 25 percent, and petitioner held 25 percent interest in each LLC. Petitioner was also the manager of the Baek LLCs.

         In March 2010, the Baek LLCs entered into an exclusive listing agreement with petitioner to sell the Oregon parcels. By the terms of that agreement, it expired on February 28, 2011, but also provided that the owner of the parcels would pay a commission to the broker if,

[290 Or. 758] "within Three Hundred Sixty (360) days after the expiration of this Authorization or any extension hereof, the Property or any interest therein is sold, transferred, or conveyed to any person or entity with whom Broker has negotiated or to whom Broker has submitted the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.