Hercules v. Robedeaux, Inc.

Donald Hercules appeals from a summary judgment granted in favor of Thomas Hilsberg and Robedeaux, Inc. We conclude his complaint states a claim for breach of Robedeaux’s fiduciary duty to disclose all information actually known to it or imputed to it concerning the financial condition of the purchaser. We reverse the judgment with respect to Robedeaux. We affirm, however, the summary judgment as to Hilsberg, because he falls under a different standard than Robe-deaux.

In August 1978, Hercules gave an exclusive listing contract for his home to Hilsberg. Hilsberg is an agent for Robedeaux, a…