Carleton v. Tortosa

Opinion

SCOTLAND, J.

This case presents the question whether a real estate broker had a duty to advise her client that the client’s real estate transactions could have adverse tax consequences.

Plaintiff Ernest Carleton, an experienced real estate investor, employed defendant Mary Tortosa, a real estate broker, in the sale of two residential rental properties and the purchase of two residential rental properties. Plaintiff executed listing agreements, real estate disclosure statements, and real estate purchase contracts which advised him that defendant’s responsibilities as a broker did not…