PA300 Real Estate Law Unit 4 assignment Doug Kaye

805 113 so 419 1927 pa300 real estate law unit 4

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805, 113 So. 419 (1927).
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PA300 Real Estate Law Unit 4 assignment Mr. Salesman was clearly representing Mr. Seller and you as a "dual agent". The term “dual agent” means a broker who represents as a fiduciary both the prospective buyer and the prospective seller in a real estate transaction. This part does not prevent a licensee from changing from one brokerage relationship to the other as long as the buyer or the seller, or both, gives consent as required by Florida Statute 475.278 subparagraph (3)(c)2 and since you were not told that Mr. Salesman was only representing Mr. Seller, and Mr. Salesman's actions were only serving Mr. Seller, he breached his duty of loyalty to you in this transaction. In Doe v. Evans , the Court held that liability for a breach of fiduciary duty "is not dependent solely upon an agreement or contractual relation between the fiduciary and the beneficiary, but results from the relation. [A] fiduciary relation exists between two persons when one of them is under a duty to act for the benefit of another upon matters within the scope of that relation.” Doe , 814 So. 2d at 374 (quoting RESTATEMENT (SECOND) OF TORTS § 874 cmts. a-b (1979)).
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  • Spring '12
  • Estate Law Unit

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