May 2014: California Court Increases the Fiduciary Obligations in Dual Agency Transactions

This month’s Newsletter focuses on the recent court case of Horiike v. Coldwell Banker. In Horiike v. Coldwell Banker Residential Brokerage Company, et al., the California Court of Appeal further clarified the fiduciary duty of a salesperson in a dual agency relationship. Specifically, the Court addressed the question of whether a listing agent working under a dual agent brokerage owes a fiduciary duty to the buyer of a real property. Read more by clicking HERE.

 


March 2014: California Court of Appeal Further Decide on Extent of Brokers’ Fiduciary Duties

Recently, in Saffie v. Schmeling, the California Court of Appeal considered what the selling broker’s fiduciary duty to his buyer is regarding further investigating an earthquake report provided by the listing broker, and the extent of the duty of the listing broker and seller to the buyer. The Court clarified that the selling broker has a duty to further investigate an old report and that the duties of the listing broker and the seller do not include performing research for the buyer. Read more by clicking HERE.