I want to file small claims against a RE agent who refuses to release title company funds.

The California statute of frauds requires that all agreements regarding the purcahse and sale of real property to be in writing.

If you have no written agreement with the real estate agent, he probaly has no right to any fees.

Letters to the agent's broker, and the California Department of Real Estate would probaly get you a prompt resolution of this issue.

If the real estate agent then refused to release the funds, you would have a sound basis for bringing a legal action.

I would strongly urge you to consult with a litigation attorney with respect to this matter.

PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.

You might find helpful my Legal Guide "How to Organize Your Small Claims Case Testimony"

Good luck

God bless.

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