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Golden Gate University School of Law

2010

Property Law and Real Estate

Duty of reasonable care

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New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt Nov 2010

New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt

Publications

This article examines the decision in Holmes v. Summer where the court held that a sellers broker “had a duty to disclose . . . liens before the buyers signed . . . [an] agreement.” The article discusses the conflict between the duty of confidentiality and the new duty of disclosure to the other side.