PA300 Real Estate Law Unit 4 assignment Doug Kaye

Mrs buyer it seems that you have breached the

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Mrs. Buyer, it seems that you have breached the contract by failing to deposit the earnest money by the agreed upon deadline. The fact that Mr. Salesperson failed to notify Mr. Seller of the requested extension is irrelevant, because Mr. Seller was never obligated to give you an extension to already agreed upon terms and conditions of the contract (Lexis Nexis, 2004). However Mrs. Buyer, you do have an issue with Mr. Salesman's breach of the fiduciary duties Mr. Salesperson owed to you. "The language used by courts to describe the fiduciary relationship reflects its historical origin in equity. For instance, in Doe v. Evans , 814 So. 2d 370, 374 (Fla. 2002), quoting Quinn v. Phipps , 113 So. 419, 421 (Fla. 1927), the Florida Supreme Court, using centuries old language, characterized the fiduciary relationship as follows: [T]he relation and duties involved need not be legal; they may be moral, social, domestic, or personal. If a relation of trust and confidence exists between the parties (that is to say, where confidence is reposed by one party and a trust accepted by the other, or where confidence has been acquired and abused), that is sufficient as a predicate for relief." Quinn v. Phipps , 93 Fla.
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