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Daubman v. CBS Real Estate Co.

Supreme Court of Nebraska

580 N.W.2d 552 (1998)

Relevant factsFree

The Daubmans (plaintiffs) hired Engelbert and CBS Real Estate (defendants) under an exclusive listing agreement to sell their home to the Pedersens; after the Pedersens' initial loan application was rejected, Engelbert helped them secure alternate financing and took other undisclosed steps to close the sale without the Daubmans' knowledge or consent, and the Daubmans sued to recover the resulting $9,793 commission, arguing the agents prioritized their own interests over the sellers'.

IssueFree

Whether a real-estate agent owes a fiduciary duty to the principal to exercise reasonable care, skill, and diligence, and to act honestly and in good faith when performing obligations.

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