GIBBONS v. LUDLOW

Supreme Court Case No. 11SC899.

304 P.3d 239 (2013)

2013 CO 49

Lynda S. GIBBONS, Brent Wilson, and Gibbons-White, Inc., a Colorado corporation, Petitioners v. Gregory T. LUDLOW, S. Reid Ludlow, and Jean E. Cowles, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 5, 2013.


Attorney(s) appearing for the Case

Attorneys for Petitioners: Balaban, Levinson & Costigan, P.C., Kenneth L. Levinson , Cherami Ball Costigan , Bernadette J. Wasilik , Denver, Colorado.

Attorneys for Respondents: Cooper & Clough, P.C., Paul D. Cooper , Jeremy L. Swift , Denver, Colorado, Hensley & Kennedy, P.C., John F. Hensley , Boulder, Colorado.


JUSTICE RICE delivered the Opinion of the Court.

¶ 1 In this transactional broker professional negligence case, we hold that to sustain a professional malpractice claim against a transactional real estate broker, a plaintiff must show that, but for the alleged negligent acts of the broker, he either: (1) would have been able to obtain a better deal in the underlying transaction; or (2) would have been better off by walking...

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