Richard Hurney and Sandra Hurney, Plaintiffs and Appellants v. Robert Locke and Ed Buck, Defendants and Appellees

Summary

The South Dakota Supreme Court reversed the trial court's summary judgment granting the real estate broker and agent, holding that they were agents owing a fiduciary duty to disclose material risks and therefore were not entitled to summary judgment. The court also held that the scope of a real estate agent's fiduciary duty includes a duty to inform the principal of material facts concerning the agency relationship.