[quote=pabloesqobar]”The Holmeses did not have an agent.” It took you a long time to get there, but you finally get it. Congratulations.[/quote]
I read and comprehend everything just fine, pablo. On October 29, 2010, near the beginning of this thread and even before reading the entire opinion or any of the cases that were cited, I stated:
[quote=bearishgurl]…I am presently going over the opinion with a fine-toothed comb. The seller’s agent here was apparently acting in a dual-agency capacity (why do buyers do this???). Since buyers had no agent, the listing agent actually brought the buyers’ offer to the sellers. Buyers sold their own residence based upon the representation by sellers that they would sell them their property at the agreed-upon price…[/quote]
An agent acting in a “dual-agent capacity” and a “dual agent” are often NOT one and the same. Summer was NOT a “dual agent” because she never signed an Agency Confirmation with buyer Holmes. Thus she had no fiduciary duty to them to act in and serve their best interests.
It’s just a case of semantics, here, but an important one, at that, in the eyes of the court. As UR, would say, Summer was “banging both sides,” lol, and that is an apt description in this case. The unsuspecting Holmeses probably never realized that she was NOT “representing them,” even though she wrote their offer and got it “accepted.”
Yes, this case DID turn out the way it should have.
