Douglas v. Jepson

— Joel Douglas and Ronald Jepson held property together for many years as tenants in common. After receiving an offer to buy the whole property, Douglas purchased Jepson’s interest without disclosing the third-party offer. We are asked to consider whether the summary judgment order entered in favor of Jepson should be reversed because a question of fact exists as to whether Douglas had a duty to disclose the third-party offer. We reverse and remand for trial because the parties’ cotenant relationship does not by itself impose a duty of disclosure. Whether such a duty exists depends on a…