Banks v. Heater

OPINION

On March 13, 1976, appellant entered into an agreement with third parties to sell a parcel of real property in Churchill County. Respondent was employed as the real estate agent by appellant and had produced the buyers. The escrow instructions provided that a title insurance policy was to be obtained for the buyers showing the property to be free and clear of all deeds of trust. Before the close of escrow, the buyers had taken possession although the agreement provided otherwise. During the title search it was discovered that the property was encumbered by a deed of trust.

In April of…