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agency relationship agreed arbitration assessed ASSOCIATION OF REALTORS attached boundary breach buyer California Supreme Court Chapter claim Code commission community property condominium contract Court of Appeal damages decided decision deed of trust deposit receipt dispute duty easement escrow Estate Law estoppel Example exemption fee simple filed fixture foreclosure homestead inspection joint tenancy judge judgment lien jurisdiction jury land lawsuit lawyer lease leasehold estate liable license lienholder limited listing agreement mechanic's lien metes and bounds Mulligan notice offer ownership paid Palermo parties partnership personal property plaintiff principal property taxes Proposition 13 purchase real estate agent real estate broker real property recorded right of survivorship riparian Rptr rule salesperson sell seller separate property servient signed sold specific spouse statute superior court Supreme Court tax lien tenants in common tenement terminated transfer trial trust deed U.S. Constitution undivided 1/2 interest unless