|
4314 A real estate agent who undertook to represent plaintiff in a real estate transaction owed plaintiff a fiduciary duty, making the agent's deliberately false promise to place plaintiff's name on the title after the close of escrow a constructive, as well as an actual, fraud, justifying an award of noneconomic damages to compensate for emotional distress suffered by the plaintiff; the award of compensatory damages combined with defendant's fraudulent conduct justified an award of punitive damages; unclean hands resulting from plaintiff's willingness to participate in what defendant characterized as a scheme to defraud the lender did not prevent the court from quieting title in plaintiff's favor.CitationWARREN v MERRILL (Crooked Agent) 143 CA4 96 [See: CivC 1573, 1572; Vega v Jones, Day 121 CA4 282, T/AT 9/04]
|
|
