Pretzel & Stouffer

Court summarily rejects claim brought against attorney in a real estate deal

Partners Jim Sipchen won dismissal of a case brought against an attorney by the attorney’s alleged former client claiming that the attorney owed and breached fiduciary duties to the plaintiff when he sold him a home. The court agreed that no such duties were owed by the attorney in the real estate transaction under the clear, fully integrated terms of the parties’ contractual arrangement, and in any event, the plaintiff could not sufficiently allege proximate cause and damages. The court also rejected plaintiff’s attempt to rescind the transaction and a request for an accounting.

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