Brandon v. Marcus & Millichap Real Estate etc. CA2
After David K. Brandon purchased an apartment building in Texas from No Mas Tomas, LLC, he defaulted on a promissory note securing a portion of the purchase price. Consequently, he was sued by the principal of No Mas Tomas, Thomas Mitchell. Mr. Brandon cross-complained against the real estate broker and salesperson, cross-defendants Marcus & Millichap Real Estate Investment Services, Inc., and Jeffrey Mark Miller, who represented both Mr. Brandon and No Mas Tomas in the transaction.
Cross-defendants petitioned to compel Mr. Brandon to arbitrate his claims pursuant to the arbitration clause in the purchase agreement between Mr. Brandon and No Mas Tomas. Mr. Brandon opposed arbitration on several grounds. The trial court denied the petition on the basis that cross-defendants were not parties to the purchase agreement between Brandon and No Mas Tomas, despite well-settled law establishing the right of the parties’ agent to enforce an arbitration agreement. We reverse.
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