Where the seller’s real estate broker failed to inform the seller that the next door neighbor had disclosed to the broker plans to build on the neighboring property, and therefore obstruct the seller’s Pacific Ocean view, and where after the sale, the buyer moved to rescind the transaction based on the loss of the ocean view, the Court of Appeal ruled that there was a question of fact regarding the broker’s failure to disclose the neighbor’s intent to build. There was a question of fact as to whether the broker breached his fiduciary duty to the seller. Summary judgment for the broker was reversed. Ryan v. Real Estate of the Pacific (2019) 32 Cal.App.5th 637, California Court of Appeal.
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