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WALDRIDGE v. HOMESERVICES OF KENTUCKY, INC.

No. 2010-CA-000264-MR.

384 S.W.3d 165 (2011)

Bryan WALDRIDGE and Sonja Waldridge, Appellants, v. HOMESERVICES OF KENTUCKY, INC., d/b/a Rector-Hayden Realtors and Alma L. Hopkins, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied August 25, 2011.

Attorney(s) appearing for the Case

Phillip M. Moloney (argued), Lexington, KY, for appellants.

Jeffrey C. Rager (argued), Lexington, KY, for appellee.

Before MOORE and THOMPSON, Judges; LAMBERT, Senior Judge.

OPINION

THOMPSON, Judge:

This is an action against Homeservices of Kentucky, Inc. d/b/a Rector-Hayden Realtors, a real estate brokerage firm and its agent, Alma L. Hopkins, for failure to disclose material conditions relating to the sale of residential property and breach of fiduciary duties allegedly owed to Bryan and Sonja Waldridge. The circuit court granted summary judgment upon its review of the evidence of record and upon the doctrine of

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