Is a realtor's relationship with a client presumptively fiduciary?
British Columbia, Canada
The following excerpt is from Tsai v Li, 2019 BCSC 1317 (CanLII):
In Mulligan v. Stephenson, 2016 BCSC 1941 at paras. 108–111, Dickson J. (as she then was) noted that a relationship of real estate agent and client is presumptively fiduciary. It is up to the agent to establish that the relationship is not a fiduciary one by showing that the relationship was not one of reliance, trust and confidence, which would be difficult to establish. At para. 112 she noted that the realtor must act loyally, transparently and in the best interests of the client.
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