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In the recent case of Westra v. Marcus & Millichap Real Estate Investment Brokerage Co. Inc., (2005) 129 Cal.App.4th 759, the California Court of Appeal held that a real estate broker representing both the seller and buyer was entitled to the protection of an arbitration provision in a sales agreement even if the broker did not initial the arbitration provision or sign the agreement.  Cooper, White, Cooper LLP’s William H.G. Norman, John M. Ross, and Jill B. Rowe successfully represented Marcus & Millichap Real Estate Investment Brokerage Co. Inc. in overturning a Superior Court Order denying arbitration by highlighting the broker’s agency and third party beneficiary relationship with the seller and buyer, both of whom had signed the sale agreement and initialed the arbitration provision.  The Court agreed that the decision was of sufficiently widespread interest to be published. 

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