Hiroshi Horiike, Plaintiff and Appellant v. Coldwell Banker Residential Brokerage Company, Defendants And…

Summary

The court held that a real estate associate licensee acting for a brokerage that serves as a dual agent owes the buyer duties equivalent to those owed by the brokerage, including the fiduciary duty to learn and disclose material facts about the property. Because the brokerage acknowledged that it owed Horiike that duty, its associate licensee could be liable for failing to disclose the discrepancy concerning the property's square footage. The court affirmed the Court of Appeal's judgment reversing the nonsuit and jury instructions.