Real Estate Defendants Successful Against Alleged Errors and Omissions Claims

Plaintiffs, sellers of a residential property, sued the buyer’s real estate company, broker, and agent after the buyer backed out of purchasing the Plaintiffs’ home. Plaintiffs alleged breach of fiduciary duty, breach of contract, negligence, and negligent instruction, training, and supervision of the buyer’s agent due to the failure of the agent to collect the earnest money and the buyer’s theft of property from the residence.

The Court granted Defendants’ Motion for Summary Judgment finding that Defendants had no notice of the prospective buyer’s propensity for dishonesty and that the criminal act was unforeseeable. The Court further found no genuine issue of material fact existed as to Plaintiffs’ claims of breach of fiduciary duty, breach of contract, negligence, or negligent instruction, training, and supervision.

Attorneys Trey Byars and Julia Jimenez represented the defendants.