Diamond v. Chiate

I concur in the result reached by the majority but dissent as to the overruling of Sligh v. Watson, supra. First, I believe that the Sligh case followed the majority rule in this country. See Annotation Real Estate Brokers’ Commissions, 156 A.L.R. 1398. Second, the policy enunciated by the general rule recognizes the fiduciary relationship existing between the real estate broker and his client and, I believe, correctly places a duty on the real estate broker of not attempting to sell property subject to defects of which he is cognizant at the time of the listing. The majority opinion *94In this…