Analysis Of The Movie The Seller - 967 Words

Although CBS and Hank may have breached their fiduciary duty to Oliver as real estate agent, there is no evidence or written agreement explaining to prove who may be speaking the truth. Oliver, the seller, had the option to not follow through the contract if he had felt uncomfortable and shaky about the deal. Oliver was aware of the Ziffels’ financial risks and acknowledged the fact that their first loan application was denied and that their offer was lower than asking price. On the other hand, Oliver complains for Hank’s deceptive statement for untruthfully explaining the Ziffels’ financial position, and for calling the Washington Heights apartment complex when instructed to not do so. In brief, there is no written statement justifying their claims and discussion, while Oliver was attentive of the Ziffels’ loan status and continued working with Hank. Hank and CBS may argue that they had fulfilled the seller’s best interest by finding a â€Å"ready, willing, and able† buyer. According to Professor Murray, fiduciary duty is between the listing broker and the seller, while keeping the seller’s interest as the primary goal. The agreement between the seller and the broker was signed under an exclusive right to sell contract, which guarantees the broker’s commission payment if a â€Å"ready, willing, and able† buyer was found. In other words, the exclusive right to sell agreement protects the broker’s commission regardless of who finds the buyer, unless the fiduciary duty has beenShow MoreRelatedLegal Analysis Of Lee P. Cao And Louann P1053 Words   |  5 PagesLegal Analysis Lee P. Cao and Louann P. Cao, v. Huan Nguyen and Nega Pham (1) A representation of fact was made; Through the duplex case, we found a couple responding to an advertisement in which they had seen, which dealt with the sale of a living space. 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