California Court of Appeal

In an action brought by plaintiff-buyer against defendant-broker and defendant-salesperson who listed the property for sale, the trial court's judgment for defendants, grant of nonsuit on the claim for breach of fiduciary duty against defendant-salesperson on the ground that the salesperson who listed the property did not have a fiduciary duty to plaintiff-buyer, and instruction that defendant-broker had no liability for breach of fiduciary duty based on defendant-salesperson's acts, are reversed and remanded, where: 1) when, as here, a broker is the dual agent of both the buyer and the seller in a real property transaction, the salespersons acting under the broker have the same fiduciary duty to the buyer and the seller as the broker; and 2) plaintiff-buyer was prejudiced by the erroneous rulings, because the jury's findings of fact did not resolve the omitted issues concerning breach of fiduciary duty.

Appellate Information

• Decided 04/09/2014
• Published 04/09/2014

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel