California Court of Appeal
FRAGALE v. FAULKNER, B153654
The measure of damages for a real estate broker's intentional misrepresentation to a buyer for whom he acts as agent is not limited to the out-of-pocket losses suffered by the buyer. Because the broker is a fiduciary, damages for intentional fraud may be measured by the broader benefit-of-the-bargain rule.
Appellate Information
- Decided 07/07/2003
- Published 07/07/2003
Judges
- BOLAND, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- C. Richard Dodson, Long Beach, for Plaintiffs and Appellants.
- For Appellees:
- James O. Vaughn, Laguna Hills, for Defendant and Respondent Earlene L. Faulkner., Ginder, Sunderland & Carlson, Encino, Mark C. Carlson, Irvine, and Sandee L. Chadwick, for Defendant and Respondent Vince Messing.