LOMBARDO v. ALBU

No. CV-99-0316-PR.

14 P.3d 288 (2000)

199 Ariz. 97

Joseph LOMBARDO and Jacqueline Lombardo, husband and wife, Plaintiff-Appellants, v. Elaine ALBU and John Doe Albu, husband and wife; Phillip Mercurio, Jr. and Jane Doe Mercurio, husband and wife; Century 21 Alliance and Investment Group, an Arizona corporation, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

December 13, 2000.


Attorney(s) appearing for the Case

Francis P. Smith, Phoenix, Attorney for Joseph and Jacqueline Lombardo.

The Cavanagh Law Firm, by George H. Mitchell, Kerry M. Griggs, Christopher Robbins, Phoenix, Attorneys for Elaine Albu, Phillip Mercurio, Century 21 Alliance and Investment Group.

Combs, Mack & Lind, P.C., by Christopher A. Combs, K. Michelle Lind, Phoenix, Attorneys for Amicus Curiae, Arizona Association of Realtors.

Janet Napolitano, Attorney General, by Robert A. Zumoff, Michael T. Denious, Assistant Attorneys General, Phoenix, Attorneys for Amicus Curiae, Jerry A. Holt, Commissioner of the Arizona Department of Real Estate.

Thomas & Elardo, P.C., by Neal B. Thomas, Phoenix, Attorneys for Amici Curiae John Hall and West USA Realty.

Eckley & Associates, P.C., by James Robert Eckley, Debra S. Brockway, Phoenix, Attorneys for Amicus Curiae American Society of Home Inspectors, Arizona Chapter.


OPINION

MARTONE, Justice.

¶ 1 This is an action in tort in which the seller of real property seeks damages from the buyer's real estate agent for failing to inform the seller that the buyer was or might have been unable to perform because of financial difficulties. The trial court granted summary judgment in favor of the buyer's agent on the basis that the buyer's agent had no legal duty to the seller. The court of appeals affirmed. Lombardo v. Albu...

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