The Ohio Court of Appeals has upheld a $216,337 jury award levied against a seller who was accused of concealing a home’s defects, and sent the case back to the trial court saying that the seller’s agent and brokerage should also pay damages to the buyer for having breached their fiduciary duty in representing both the buyer and seller as dual agents.

Saleswoman Angela Shanks of Acceleration Enterprises LLC, which does business as Realtec Real Estate, was allegedly given a list of problems identified during an inspection conducted by a prospective buyer. Shanks added a handwritten addendum to a proposed purchase contract detailing problems, including foundation defects.

After that deal fell through, Shanks pointed out repairs that were done to the property to the eventual buyer, but did not discuss all of the defects that had been listed in the addendum. The trial court found Shanks was required to disclose all material adverse facts that she was aware of to the buyer, and that failing to do so constituted a breach of fiduciary duty.

Because the jury found Shanks and her brokerage liable, the trial court should also have awarded damages against them, the court of appeals said in sending the case back to the trial court. Source:

Show Comments Hide Comments


Sign up for Inman’s Morning Headlines
What you need to know to start your day with all the latest industry developments
By submitting your email address, you agree to receive marketing emails from Inman.
Thank you for subscribing to Morning Headlines.
Back to top
Only 3 days left to register for Inman Connect Las Vegas before prices go up! Don't miss the premier event for real estate pros.Register Now ×
Limited Time Offer: Get 1 year of Inman Select for $199SUBSCRIBE×
Log in
If you created your account with Google or Facebook
Don't have an account?
Forgot your password?
No Problem

Simply enter the email address you used to create your account and click "Reset Password". You will receive additional instructions via email.

Forgot your username? If so please contact customer support at (510) 658-9252

Password Reset Confirmation

Password Reset Instructions have been sent to

Subscribe to The Weekender
Get the week's leading headlines delivered straight to your inbox.
Top headlines from around the real estate industry. Breaking news as it happens.
15 stories covering tech, special reports, video and opinion.
Unique features from hacker profiles to portal watch and video interviews.
Unique features from hacker profiles to portal watch and video interviews.
It looks like you’re already a Select Member!
To subscribe to exclusive newsletters, visit your email preferences in the account settings.
Up-to-the-minute news and interviews in your inbox, ticket discounts for Inman events and more
1-Step CheckoutPay with a credit card
By continuing, you agree to Inman’s Terms of Use and Privacy Policy.

You will be charged . Your subscription will automatically renew for on . For more details on our payment terms and how to cancel, click here.

Interested in a group subscription?
Finish setting up your subscription