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FRAGALE v. FAULKNER

No. B153654.

1 Cal.Rptr.3d 616 (2003)

110 Cal.App.4th 229

Tim S. FRAGALE, et al., Plaintiffs and Appellants, v. Earlene L. FAULKNER, et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Eight.

July 7, 2003.

Attorney(s) appearing for the Case

C. Richard Dodson, Long Beach, for Plaintiffs and Appellants.

James O. Vaughn, Laguna Hills, for Defendant and Respondent Earlene L. Faulkner.

Ginder, Sunderland & Carlson, Encino, Mark C. Carlson, Irvine, and Sandee L. Chadwick, for Defendant and Respondent Vince Messing.

BOLAND, J.

SUMMARY

The measure of damages for a real estate broker's intentional misrepresentation to a buyer for whom he acts as agent is not limited to the out-of-pocket losses suffered by the buyer. Because the broker is a fiduciary, damages for intentional fraud may be measured by the broader benefit-of-the-bargain rule.

FACTUAL AND PROCEDURAL BACKGROUND

Tim and Dinora Fragale purchased...

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