Andrew Letsos listed his property for sale with Andrew Brusha, an agent with Century 21-New West Realty, on June 15, 1990. The property was listed at a price of $229,000, and Letsos agreed to pay a 6 percent commission. After eight consecutive listing renewals and no buyers, the property was listed again at a price of $129,000 on September 16, 1992. Following a listing period at the new price that ran one and a half years with no success, Mr. Brusha contracted with Mr. Letsos to buy the property for $92,000 on March 9, 1993. Sometime later in March 1993, Mr. Brusha met Anthony Hernandez, another real estate broker. In May, Mr. Brusha and Mr. Hernandez contracted for the sale and purchase of the Letsos property for $115,000, with closing to take place on or before July 27, 1993.
Letsos and Brusha closed their deal on the property in July 1993. When Letsos's attorney called Brusha for a follow-up payment, Brusha asked for some time because he would have the money as soon as his sale of the property to Hernandez closed. Letsos's attorney then told Letsos about the Hernandez sale and Letsos filed suit against Brusha and Century 21 alleging breach of fiduciary duty by Brusha in his failure to disclose the sale. Should Letsos recover for breach of fiduciary duty?

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The Answer of Andrew Letsos listed his property for sale with Andrew Brusha, an agent with Century 21-New West Realty, on June 15, 1990. The property was listed at a price of $229,000, and Letsos agreed to pay a 6 percent commission. After eight consecutive listing renewals and no buyers, the property was listed again at a price of $129,000 on September 16, 1992. Following a listing period at the new price that ran one and a half years with no success, Mr. Brusha contracted with Mr. Letsos to buy the property for $92,000 on March 9, 1993. Sometime later in March 1993, Mr. Brusha met Anthony Hernandez, another real estate broker. In May, Mr. Brusha and Mr. Hernandez contracted for the sale and purchase of the Letsos property for $115,000, with closing to take place on or before July 27, 1993.
Letsos and Brusha closed their deal on the property in July 1993. When Letsos's attorney called Brusha for a follow-up payment, Brusha asked for some time because he would have the money as soon as his sale of the property to Hernandez closed. Letsos's attorney then told Letsos about the Hernandez sale and Letsos filed suit against Brusha and Century 21 alleging breach of fiduciary duty by Brusha in his failure to disclose the sale. Should Letsos recover for breach of fiduciary duty?

Andrew Letsos Listed His Property for Sale with Andrew Brusha