Legal Question in Real Estate Law in California

I am an licensed Realtor who took a client to court 3 years ago over their breach of a buyer's agency agreement and won. We put a lien against their house. Now 3 years later, he tried to come and settle at less than 1/8 of the amount and got angry when we wouldn't. He somehow got a judge to allow him to take it to trial again for the same thing I took him to court over...the buyer's agency agreement. My attorney told me this 2 months after this started coming down. Can a client take me to trial over the same thing that I won 3 years hands down and have a lien against his home?

Asked on 2/09/12, 10:32 am

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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Not on the facts you present, but there must be other facts that exist. Ask your lawyer to explain in detail what is happening, why, and the legal basis for it.

Answered on 2/09/12, 3:20 pm

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Terry A. Nelson Nelson & Lawless

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There has to be more to this story. A judgement can not be overturned years after the fact. Get clarity from your attorney, or get a new one to file dismissal motion on this. If serious about getting new counsel to provide a second opinion, or take over the case, feel free to contact me.

Answered on 2/09/12, 6:33 pm

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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I agree with the preceding answers. There is a universally-recognized and accepted legal doctrine called "res judicata" (adjudicated matters). According to Black's Law Dictionary, an accepted authority, it refers to "Rule that a final judgment rendered by a court of competent jurisdiction on the merits is conclusive as to the rights of the parties ...... and constitutes an absolute bar to a subsequent action involving the same claim, demand or cause of action."

Answered on 2/09/12, 6:51 pm

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