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SAIZ v. HORN

No. 22570.

668 N.W.2d 332 (2003)

2003 SD 94

Craig SAIZ and Patty Saiz, Plaintiffs and Appellants, v. Rod HORN, d/b/a Horn Real Estate, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 6, 2003.

Attorney(s) appearing for the Case

Matthew J. Kinney of Kinney & Koch, Spearfish, for plaintiffs and appellants.

Thomas E. Brady of Brady Plumier, Spearfish, for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] This is an action brought by homebuyers against their realtor. After their purchase, the buyers found that the home they bought had substantial defects. They also learned that the seller had previously given other potential buyers a disclosure statement revealing these defects. The buyers sued their realtor for breach of agency and breach of fiduciary duty in failing to inform them that the...

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