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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.
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