Broker Held Liable For Fraudulent Non-disclosure Of Agent

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A recent case from the fourth District Court of Appeals of Florida, held that an agent who was selling his own home and knew of facts that materially affected the value of the property and who failed to disclose them, his Broker is liable. The duty of disclosure as set forth in the Florida Supreme Court case of Johnson vs. Davis extends to the real estate broker. The Broker, as the principle, is liable for the tortious acts of the agent. Since the agent was acting within the scope of his agency, the failure to disclose is imputed on to the Broker and the Broker was liable for the non-disclosure.

Goodman v. Rose, 2016 WL 2744975 (Fla. 4th DCA 2016).

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