Midcourse Corrections: New Disclosure Duties for Brokers in Short Sales

4 Pages Posted: 18 Feb 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: November 1, 2010

Abstract

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.

Keywords: Duty to disclose, duty of reasonable care, duty of honest and fair dealing, duty of fairness, duty of confidentiality

JEL Classification: K11

Suggested Citation

Bernhardt, Roger, Midcourse Corrections: New Disclosure Duties for Brokers in Short Sales (November 1, 2010). Available at SSRN: https://ssrn.com/abstract=1762801 or http://dx.doi.org/10.2139/ssrn.1762801

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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