Fennell v. Ross

Ellen B. Brantley, Special Justice,

concurring. While I, too, would reverse the trial court’s decision and remand for trial on the Fennells’ claim for restitution, I would do so on different grounds. I do not believe it necessary to decide whether Mrs. Whiteman was the Fennells’ agent. The majority may well be correct in its conclusion that, under the circumstances of this case, Mrs. Whiteman is properly considered a sub-agent of the Rosses. However, agency issues in the Multiple Listing Service conflict can arise in many different ways, and the resolution of those issues raises many complex…