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JACKOWSKI v. BORCHELT

No. 83660-4.

278 P.3d 1100 (2012)

174 Wn.2d 720

Timothy L. JACKOWSKI and Eri Jackowski, husband and wife, Respondents, v. David BORCHELT and Robin Borchelt, husband and wife; Hawkins Poe, Inc., dba Coldwell Banker Hawkins-Poe Realtors; and Robert Johnson, real estate agent, Petitioners, Himlie Realty Inc. and Vince Himlie, broker for Windermere Himlie Real Estate, real estate brokers; and Jef Conklin, real estate agent, Respondents.

Supreme Court of Washington, En Banc.

Decided June 14, 2012.

Attorney(s) appearing for the Case

Robert William Johnson , Kristin L. French , Robert W. Johnson, PLLC, Shelton, WA, Jeffrey Paul Downer , Erin J. Varriano , Lee Smart, PS, Seattle, WA, for Petitioners.

Melanie A. Leary , Matthew F. Davis , Demco Law Firm, PS, Seattle, WA, Jon Emmett Cushman , Benjamin D. Cushman , Stephanie M.R. Bird , Cushman Law Offices, PS, Olympia, WA, for Respondents.

Kent Michael Fandel , Graham & Dunn, PC, Seattle, WA, for amicus counsel for Washington Realtors.

ALEXANDER, J.*

¶ 1 After a landslide damaged their home, the homeowners sued the sellers of the home, seeking rescission or, in the alternative, damages for fraud, fraudulent concealment, negligent misrepresentation, and breach of contract. The homeowners also sued the sellers' broker and agent, alleging fraud, fraudulent concealment, negligent misrepresentation, and breach of common law fiduciary duties. They leveled similar claims...

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