Von Thaden v. Arizona State Real Estate Commissioner

OPINION

HOWARD, Judge.

This is an action to recover money from the real estate recovery fund established by A.R.S. Sec. 32 — 2186. The issue here is whether Sungate Development Company (Sungate), a licensed real estate broker, was acting on its own behalf in property owned or controlled by it so as to exclude the funds from liability. The trial court found the fund liable. We do not agree.

The facts show that appellees Barber and Fleming deposited $16,789 as earnest money with Sungate for the purchase of a lot from Sungate which was to construct a house thereon. The Von Thadens deposited…