Chalmers v. Raras

In Chalmers v. Raras (1962) 200 Cal.App.2d 682, the appellants, purchasers of the entire 10 acre property, claimed they were bona fide purchasers for value, without actual or constructive notice of a prior contract for sale of a 3.5 acre portion of it to another party. The Chalmers court held that the statement in the appellants' purchase and sale contract that their purchase was "'subject nevertheless, to the rights, if any, of the parties offering to buy the easterly strip of the said property . . .'" (id. at p. 687) raised a red flag giving appellants "sufficient facts to compel further inquiry and they cannot now claim to be bona fide purchasers merely because they chose to make no investigation as to the 'other parties.'" (Ibid.) Chalmers rejected the argument that the subsequent purchasers were entitled to rely on their broker's representations. The appellate court held that where the subsequent purchasers were on inquiry notice and failed to investigate, they were not bona fide purchasers. (Id. at p. 688.)