[Download] "Warren v. Merrill" by Colorado Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Warren v. Merrill
• Author : Colorado Supreme Court
• Release Date : January 21, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 80 KB

Description

The buyer of a condominium brought an action against his real estate agent seeking to quiet title and other relief. The agent had promised the buyer (who supplied the down payment) his name would be placed on the title once the loan in the agents daughters name funded and escrow closed. However, the agent did not honor her promise as her undisclosed intent was to keep the condominium as an investment. The trial court found the agent had acquired the condominium through fraud, had made material misrepresentations, and had breached her fiduciary duties to the buyer. The court quieted title to the unit in favor of the buyer, imposed a constructive trust on the property in favor of the buyer and awarded the buyer $15,000 in non-economic damages on his fraud, breach of fiduciary duty and ejectment causes of action. The court also awarded the buyer $50,000 in punitive damages offset by amounts the agent had paid to keep various obligations current. The agent appeals to challenge the courts findings of fact and to present numerous legal defenses to the courts conclusions of law. We find the agents arguments and contentions do not withstand scrutiny. We accordingly affirm.

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