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Realtor ‘vindicated’ in lawsuit
April 18, 2008
Reporter
CARLSBAD — After two years of being slammed for their business practices, a North County real estate agent and his office were cleared April 10 of any wrongdoing relating to a couple’s purchase of a million-dollar property.

A San Diego Superior Court jury found that veteran agent Michael Little wasn’t guilty of false representation or breaching his fiduciary duties when he helped Marty and Vernon Ummel find a home in an upscale Carlsbad community.

After the trial, the jury unanimously agreed that the “bottom line” was that Little upheld his duty as a real estate agent.

In a case that garnered national attention, the Ummels sued Little and ReMax Associates because they felt he didn’t show or inform the couple about comparable properties in the neighborhood that sold for less. Further, their claim stated that Little didn’t provide them with the appraisal report prior to the close of escrow, even though they had asked him for it, which they believed breached his fiduciary duties as an agent.

The Ummels, who moved from the Bay Area to San Diego, purchased a home on Amante Court in Carlsbad for $1.2 million in 2005. Prior to the purchase, Little said he showed the couple more than 65 properties in the county before they put in an offer of $1.175 million for the Amante Court home, which the seller countered with the $1.2 million offer that they accepted.

Outside the courtroom, Little said he felt “vindicated” and was looking forward to getting his career back.

Geoffrey Mountain, co-owner and CEO of ReMax associates, said he felt the judgment was important because it showed that homeowners couldn’t use the agent as a “scapegoat” for their lack of judgment.

Mountain said he could have settled the case for less than it took to fight it, but that he couldn’t because it would mean admitting that Little did something wrong.

The appraiser and mortgage company both reached a modest settlement with the Ummels.

After the hearing, Marty Ummel said the couple doesn’t regret the lawsuit.

“We are very proud of what we did,” she said. “Our Realtor did not do his job. All the facts were against him but I guess the standard of facts are very low for the real estate industry or the jury just didn’t understand.”

Attorney David Bright, who represented Little and ReMax associates, said he couldn’t comment on whether the defendants would file a suit against the Ummels for court cost. However, he said people who file frivolous claims should be held accountable.

The Ummels have 45 days to appeal the decision.
Contact Reporter Randy Kalp via e-mail at rkalp@coastnewsgroup.com.