Garcia v. Unique Realty & Property Management Co.

I respectfully dissent as it is my view that genuine issues of material fact remain on appellant’s allegations of negligent or wilful misrepresentation and breach of fiduciary duty to fully disclose material facts.

“ ‘The relationship of principal and agent is fiduciary in character, and imposes upon the parties the duties of exercising toward each other the utmost good faith. Civil Code, § 4030 (Code, § 37-707) [now OCGA § 23-2-58]. The law implies, as a part of the contract by which every agency arises, that the agent agrees to have an exercise, for and toward his principal, loyalty and…