What is the test for a real estate broker to be liable for misleading a client?

California, United States of America


The following excerpt is from Bland v. Reed, 261 Cal.App.2d 445, 67 Cal.Rptr. 859 (Cal. App. 1968):

'(T)he fact that a shrewd business man would not have relied upon such statements, did not justify (defendant real estate brokers) in making them to a trusting client, nor [261 Cal.App.2d 458] relieve them from liability for so doing. As has been said, 'That plaintiff is too credulous is not generally a defense. 'The test of the representation is its actual effect on the particular mind, whether it is a strong and circumspect mind, or one weak and too relying. '' (Citation.)' (Feckenscher v. Gamble, 12 Cal.2d 482, 496--497, 85 P.2d 885, 892.)

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