PA300 Real Estate Law Unit 4 assignment Doug Kaye

Mrs buyer it seems that you have breached the

Info icon This preview shows pages 2–3. Sign up to view the full content.

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.
Image of page 2

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 3
This is the end of the preview. Sign up to access the rest of the document.
  • Spring '12
  • Estate Law Unit

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern