Real Estate Licensees: Dual Agency and Fiduciary Duty

  A licensed real estate salesperson has a fiduciary duty equivalent to the duty owed by the employing broker. A dual agent has fiduciary duties to both the buyer and seller. When a broker is the dual agent of both the buyer and the seller in a real property transaction, the salespersons acting under the broker have the same fiduciary duty to the buyer and the seller as the broker. What is that duty? Continue reading

Treble Damages For Obtaining a Loan By False Pretense

  A default judgment for obtaining a loan of $202,500 under false pretenses results in treble damages under Penal Code section 496. The case is Bell v. Feibush. Continue reading