The General Rule In A California Association Of Realtors Purchase And Sale Agreement Requires Participation In Mediation As A Condition For A Prevailing Party To Recover Fees.

        The general rule under the standard CAR purchase and sale agreement requires participating in mediation as a condition precedent for fee recovery.  The rule was explained by Justice Fybel in Frei v. Davey, back in 2004.   Now Justice Fybel has explained a limitation to that rule in Toranji v. Kim, G054111 (4/3  12/15/17) (unpublished).  Shared representation alone does not necessarily mean one who shares representation with others who have rejected mediation has also refused to mediate.  See today's post in California Attorney's Fees.