NRT New England, Inc. v. Moncure

This appeal concerns the scope of an escrow agent’s fiduciary duties. The plaintiff, NRT New England, Inc., doing business as Coldwell Banker Residential Brokerage (Coldwell), acquired an interest in funds it held as escrow agent in connec*398tion with a failed purchase and sale agreement it brokered between the defendant seller, Ashby C. Moncure and Plain Road Co., LLC (Plain Road), a potential buyer. Thereafter, Coldwell brought this action to determine the rights of the parties in the escrow funds. In his answer, Moncure asserted counterclaims against Coldwell for breach of fiduciary duty and…