Midcourse Corrections: New Disclosure Duties for Brokers in Short Sales
4 Pages Posted: 18 Feb 2011
Date Written: November 1, 2010
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: Suggested Citation