Mr. and Mrs. Rubick owned four parcels of land totaling 179 acres. The front 99 acres consisted of 80 acres of wooded farmland, and a 19-acre parcel on which a dilapidated barn was located — these acres had street access and neighbored a farm owned by McKay. The Rubicks’ back 80 acres also bordered McKay’s land, but had no street access (except across the front 99 acres) and were primarily swampland.

Warranting that he possessed the right to sell the property, Mr. Rubick listed the land for sale with the Clancys, real estate brokers, for $1.074 million. The Clancys, who also represented McKay, advised Mr. Rubick that because of the access problems for the rear parcel, that property’s value was limited and would ideally be sold to the owner of a neighboring property. Mr. Rubick rejected two below-asking offers, one of which was from McKay.

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