Does a buyer's agent have a fiduciary duty to investigate whether the property is subject to a pending litigation?
California, United States of America
The following excerpt is from Field v. Century 21 Klowden-Forness Realty, 63 Cal.App.4th 18, 73 Cal.Rptr.2d 784 (Cal. App. 1998):
6 The agent's knowledge of facts giving rise to her fiduciary duty to the Fields are in stark contrast to the circumstances addressed in Padgett v. Phariss (1997) 54 Cal.App.4th 1270, 63 Cal.Rptr.2d 373, where the buyer's agent was not on actual or imputed notice of any fact which would trigger a duty to investigate whether the property was the subject of pending litigation.
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