Estate of Margaret Eller and Loretta Eller, as Administratrix of the Estate of Margaret Eller, Plaintiffs Below…

Summary

The Supreme Court of Delaware held that the trial court improperly granted a directed verdict for a real estate agent because the seller presented genuine factual disputes concerning whether the agent disclosed his conflicting agency relationship and the buyer's plan to immediately resell the property. The court concluded that those disputes could support a finding that the agent breached fiduciary duties of loyalty, care, and disclosure, and that the jury should also determine any resulting damages. The judgment was reversed and the case remanded for a new trial.