Sanchez v. Bladel
| Decision Date | 07 December 2011 |
| Docket Number | 11-788 |
| Parties | CLAUDE JOSEPH SANCHEZ, JR., ET UX. v. JON PHILLIP BLADEL, ET AL. |
| Court | Court of Appeal of Louisiana — District of US |
CLAUDE JOSEPH SANCHEZ, JR., ET UX.
v.
JON PHILLIP BLADEL, ET AL.
11-788
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
DATED: December 7, 2011
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Jimmie C. Peters, and Billy Howard Ezell, Judges.
AFFIRMED.
Ricky L. Sooter
Provosty, Sadler, deLaunay, Fiorenza & Sobel
COUNSEL FOR:
Plaintiffs/Appellees - Claude Joseph Sanchez, Jr. and Jane Ellen
Moreno Sanchez
Thomas D. Davenport, Jr.
The Davenport Firm, APLC
COUNSEL FOR:
Defendants/Appellants - Bladel Enterprises, L.L.C., Bladel Homes,
L.L.C., and Jon Phillip Bladel
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THIBODEAUX, Chief Judge.
Claude Joseph Sanchez, Jr. and Jane Ellen Moreno Sanchez sued Jon Phillip Bladel and his corporations, Bladel Homes, L.L.C. and Bladel Enterprises, L.L.C. (collectively "Bladel"),1 for damages, return of unlawful real estate commissions, and attorney fees. Specifically, the Sanchezes argued that by marketing their home for sale and by selling them another home, Bladel engaged in real estate activity without a license and unlawfully received commissions as a result of those transactions. They also alleged that Bladel's actions violated the Louisiana Unfair and Deceptive Trade Practices Law ("UTPL").
The trial court agreed with the Sanchezes and awarded them $17,500.00 in damages and $4,500.00 in attorney fees. Bladel now appeals and asserts four assignments of error: (1) the trial court committed legal error by ignoring the ownership interest held by Bladel in the form of an Option to Purchase; (2) the trial court committed legal error by concluding a party to an Option to Purchase cannot sell his ownership interest without a real estate license; (3) the trial court committed legal error when he ordered Bladel to return the proceeds from selling and leasing their ownership interest; and, (4) the trial court committed legal error by awarding attorney fees when the evidence established the Sanchezes have not paid attorney fees and there was no legal basis to award those fees. For the following reasons, we affirm.
We must decide whether:
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(1) Bladel's Option to Purchase resulted in an ownership interest in the Sanchezes' property;
(2) Bladel engaged in real estate activity without a license;
(3) the trial court erred in awarding damages; and,
(4) the trial court erred in awarding attorney fees.
Ms. Sanchez and her son, Michael Jason Hall, owned a home in Glenmora, Louisiana. While driving to work, Mr. Hall noticed a "for sale" sign at a home located in Oberlin, Louisiana. The Oberlin property was offered for sale by Bladel. The Sanchezes contacted Bladel about their desire to sell the Glenmora property and purchase the Oberlin property.
In anticipation of selling the Glenmora property, Bladel photographed the Glenmora property and placed the photographs on the company's website as a property "for sale." Shortly thereafter, Bladel presented Ms. Sanchez with several documents for signature. Specifically, Bladel drafted, and requested Ms. Sanchez sign, an "Option to Purchase" the Glenmora property for $65,000.00. Bladel informed Ms. Sanchez that the "Option to Purchase" was a standard form he used when he surveyed potential properties. At Bladel's request, Ms. Sanchez also completed a form entitled "Title Search Info," and she disclosed to Bladel that Mr. Hall possessed an ownership interest in the property. Ms. Sanchez signed a document entitled "Home Information Sheet" as well as a "Contract to Buy and Sell." Ms. Sanchez testified that the "Contract to Buy and Sell" was blank when she signed it, and Bladel filled in the blanks later. 2 The completed Buy/Sell Contract listed the purchase price of the Glenmora property as $97,000.00. Ms.
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Sanchez testified that Bladel never informed her that he had located a buyer for the Glenmora property or that the sales price for the property was $97,000.00. Moreover, she testified that she only learned about the closing on the Glenmora property when an agent from New Directions Mortgage called and informed her of the closing date.
Prior to the closing, Ms. Sanchez understood that part of the proceeds of the sale of the Glenmora property would be applied to the purchase price of the Oberlin property. To that end, she signed a document entitled "Allocation of Sale Proceeds."
While negotiating the sale of the Glenmora property, Bladel also negotiated the sale of the Oberlin property. Bladel presented, and the Sanchezes signed, a "Lease Agreement with Option to Purchase" the Oberlin property. Ms. Sanchez testified that she understood that she and her husband would rent the Oberlin property for one year with an option to purchase the property at the end of the one-year term. The sales price for the Oberlin property was $180,000.00. The Sanchezes gave Bladel a down payment of $9,000.00, and they gave him six post-dated rent checks, each in the amount of $1,600.11. Shortly after signing the "Lease Agreement with Option to Purchase," the Sanchezes began residing at the Oberlin property. Two months later, the sale of the Glenmora property was finalized.
Following the sale of the Glenmora property, Ms. Sanchez gave Bladel her portion of the proceeds of the sale, $8,554.25.3 Despite the fact that Ms. Sanchez signed the "Allocation of Sale Proceeds" document, Bladel later informed her that none of the proceeds from the sale of the Glenmora property would be applied to the purchase of the Oberlin property. At that point, the Sanchezes
vacated the Oberlin property and retained counsel.
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The Sanchezes then filed the underlying action, seeking damages, return of unlawful real estate commissions, and attorney fees. The trial court ruled in favor of the Sanchezes and awarded them $17,500.00 in damages and $4,500.00 in attorney fees. Bladel appeals.
The Louisiana Constitution of 1974 provides that the...
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