Fennell v. Ross

Whether the Multiple Listing Service has altered the traditional concepts of agency in real estate transactions, I have not attempted to fathom. The trial court did not rely on it, though the majority sees it as the basis for the conclusion that Mrs. Whiteman was the seller’s agent as a matter of law, a view I believe is incorrect.

Nor do I think the claim of the sellers that the property had “Commercial Potential — Any Type Business” to have been a material misrepresentation in this case, even taking into account the floodplain issue. It is undisputed the buyers were told the property had…