MOSER v. BERTRAM

No. 20692.

858 P.2d 854 (1993)

115 N.M. 766

Robert W. MOSER, Plaintiff-Appellant, v. Mary BERTRAM, Defendant-Appellee.

Supreme Court of New Mexico.

August 10, 1993.


Attorney(s) appearing for the Case

Norman Osborne, Hobbs, for plaintiff-appellant.

Brian Fitzgerald, Santa Fe, for defendant-appellee.


OPINION

FROST, Justice.

This appeal from a summary judgment requires us to determine whether a real estate seller's agent owes a fiduciary duty to a prospective purchaser when the seller's agent and the purchaser's real estate agent work for the same real estate broker. The district court held that there is no such fiduciary duty, and we agree.

The material facts are undisputed. Plaintiff-appellant Robert Moser, an individual from California interested...

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