• 0
  • Home
  • About Us
  • What We Do

Shopping Cart

GPAM
  • Home
  • About Us
  • What We Do

An escalation in the 7-year-old Bacal/Davis commission dispute

Ryan Davis and Ben Bacal with Stanley Mosk Courthouse (Credit: Facebook, Compass, Wikipedia)
Ryan Davis and Ben Bacal with Stanley Mosk Courthouse (Credit: Facebook, Compass, Wikipedia)

Ryan Davis has already been awarded $400,000 in his seven-year-old dispute with former partner Ben Bacal, but the agent wants much more from Bacal and the pair’s former brokerage, Sotheby’s International Realty.

In this marathon case Davis claims Bacal reneged on a 50/50 commission split on a $30 million home sale consummated in 2013, a property at 1 Electra Court in Hollywood Hills bought by film producer Megan Ellison.

In December, Davis requested that his complaint be moved to state civil court instead of where it is currently — the Beverly Hills/Greater Los Angeles Association of Realtors arbitration board — so that he can sue Bacal and Sotheby’s for millions of dollars in punitive damages, plus the $325,000 he claims owed on the Ellison home buy.

Davis, in other words, is making his feud with Bacal about more than just a partnership gone wrong. It’s now largely a crusade to recoup a commission without a backing brokerage and a challenge to the system agents use to mediate such disputes.

Bacal thinks the gambit is desperate.

“There is no case here to move it out of arbitration,” said Bacal lawyer, Ronald Richards. “It’s another example of an agent who doesn’t do well and blames others.”

For years Davis and Bacal (who in October opened his own brokerage, Revel Real Estate) worked together at Sotheby’s International Realty, selling homes to the rich and famous including Matt Damon and Ellen DeGeneres.

“Ben was my best friend,” Davis said. “We would have dinner together almost every night.”

But in 2013, Bacal left Sotheby’s for Rodeo Realty and on his way out allegedly bilked Davis out of his share of five 50/50 commission splits.

That includes the Ellison buy.

Davis said the two were co-listing agents on the property. But Bacal asserted that he made the deal when he moved to Rodeo and he worked on it independent of his former partner.

Under National Association of Realtors guidelines, an arbitration panel at a local realtor’s association handles commission splits disputes.

According to documents Davis provided, a Beverly Hills arbitration panel awarded Davis $396,841 in September 2015 over his claims against Bacal on four of the commissions.

However, the panel did not rule on the Ellison home, because — unlike the other four commissions in dispute — Davis’s broker, Sotheby’s, did not corroborate his version of events.

Davis moved to have a Los Angeles County Superior Court Judge take up the matter, but the court granted Bacal’s motion in 2017 to bring the case back to an arbitration panel.

Since the case went back to arbitration, Davis said he has been bickering with the Beverly Hills panel over whether he can file punitive damages over what he said is malicious conduct by Bacal and Sotheby’s — a matter that he claims the Superior Court never addressed in moving the case back to arbitration.

Davis also said he has uncovered conflicts of interest with the arbitration process. For example, Davis’s former boss at Sotheby’s, Frank Symons, sits on the National Association of Realtors Board, the parent of the Beverly Hills panel.

The agent said that if he can’t move the dispute back to court, an arbitration forum outside the real estate industry — such as the American Arbitration Association or Judicial Arbitration Mediation Services — would be preferred to the Beverly Hills board.

“It’s a biased board,” Davis said. “It’s like a boy’s club.”

John Giardinelli, a mediator assigned to handle the Davis/Bacal dispute, said that he was not authorized to speak with the press, per National Association of Realtors guidelines.

Bacal’s lawyer, Richards, added that the entire dispute may be a moot point, since it is virtually impossible for agents to get a commission payment absent a backing brokerage.

Davis counters that a 2015 California appeals court case — ironically a ruling against Bacal — allows him to get a commission without Sotheby’s support.

The 1 Electra Court property, meanwhile, has had a notable past seven years of its own.

Ellison sold the abode three years ago to the Woodbridge Group. A year later the Woodbridge flipped the property to billionaire pharmaceutical entrepreneur Frank Binder after Woodbridge was ensnared in a Ponzi scheme.

The post An escalation in the 7-year-old Bacal/Davis commission dispute appeared first on The Real Deal Los Angeles.

Powered by WPeMatico

  • 30 December 2019
  • The Real Deal
  • Uncategorized
  •  Like
These were the world’s hottest luxury markets in the 2010s →← New York Mets owner offering his real estate expertise to other sports franchises
  • Recent Posts

    • Carolwood asks “why wouldn’t we” as brokerage launches private listings portal May 10, 2025
    • Post-wildfires, shipping containers, 3D-printed homes provide temporary shelter May 9, 2025
    • Archer snack company leases 351K sf Dodger dog factory in Vernon May 9, 2025
    • One in three distressed borrowers handing back buildings, experts say May 9, 2025
    • LA County greenlights self-certification for Altadena rebuilding May 8, 2025
  • Recent Comments

    • Archives

      • May 2025
      • April 2025
      • March 2025
      • February 2025
      • January 2025
      • December 2024
      • November 2024
      • October 2024
      • September 2024
      • August 2024
      • July 2024
      • June 2024
      • May 2024
      • April 2024
      • March 2024
      • February 2024
      • January 2024
      • December 2023
      • February 2023
      • January 2023
      • December 2022
      • November 2022
      • October 2022
      • September 2022
      • August 2022
      • July 2022
      • June 2022
      • May 2022
      • April 2022
      • March 2022
      • February 2022
      • January 2022
      • December 2021
      • November 2021
      • October 2021
      • September 2021
      • August 2021
      • July 2021
      • June 2021
      • May 2021
      • April 2021
      • March 2021
      • February 2021
      • January 2021
      • December 2020
      • November 2020
      • October 2020
      • September 2020
      • August 2020
      • July 2020
      • June 2020
      • May 2020
      • April 2020
      • March 2020
      • February 2020
      • January 2020
      • December 2019
      • November 2019
      • October 2019
      • September 2019
      • August 2019
      • July 2019
      • June 2019
      • May 2019
      • April 2019
      • March 2019
      • February 2019
      • January 2019
      • December 2018
      • November 2018
      • October 2018
      • September 2018
      • August 2018
      • July 2018
      • June 2018
      • May 2018
      • April 2018
      • March 2018
      • February 2018
      • January 2018
      • December 2017
    • Global Property and Asset Mangement, Inc.
      137 North Larchmont
      Los Angeles, California 90010
      +1 213-427-1127

    © 2025 GPAM