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Digest of the week - "Not the agent, not a problem”

2012 CarswellAlta 2022
Trynchy v. Gabriel
Alberta Court of Queen's Bench
Judgment: November 2, 2012

Real property | Real estate agents | Agent's duties to principal | Miscellaneous

Fiduciary duty — Owners of cottage sold it in May 2006 through defendant realtor G for $110,000 to defendant M, who was also realtor, and then M sold it for $165,000 about two months later — Owners brought action against G and M and their company claiming damages for breach of fiduciary duty — Action dismissed — G was listing agent and owed fiduciary duty to owners but there was no evidence that she breached that duty — M had no contact with and provided no advice to owners but acted for herself as purchaser's agent — There is no automatic presumption that purchaser's agent is fiduciary, and circumstances showed that she was not in fiduciary relationship with owners and did not breach any duty or obligation — M did not meet owners and there was no evidence that she exercised power or discretion over them, or took steps to affect their interests, or that they they placed any reliance on M — Owners knew that M was realtor and accepted that she was buying cottage with possibility that she would sell it at future date.

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