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Licari v. Blackwelder

Connecticut Appellate Court

539 A.2d 609 (1988)

Relevant factsFree

Six unsophisticated siblings (plaintiffs) inherited their family's Westport home and hired Norwalk agent Robert Schwartz to sell it; Schwartz brought in Westport agent Blackwelder (defendant) to help, and the two agreed to split any commission equally if one of Blackwelder's clients bought the home. Schwartz showed the house to one of Blackwelder's prospective buyers at an asking price of $125,000, but soon after, Blackwelder himself bid $115,000 without negotiating with that earlier buyer or disclosing his own valuation to the sellers, who accepted believing it reflected fair market value. Immediately after closing, rather than occupying or improving the house, Blackwelder resold it for $160,000. The sellers sued for breach of fiduciary duty, and the trial court awarded them $45,000 plus interest; Blackwelder appealed.

IssueFree

Whether a real estate agent who fails to tell his principal about other offers on the market property is liable to the seller for damages.

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