Breach of Fiduciary Relationship and Duty of Care

Imagine you hire a trusted friend to help sell your car. You rely on this friend to find the best buyer and handle all the details of the sale. This trust is what we call a “fiduciary relationship,” meaning your friend has a special responsibility to act in your best interest. Duty of Care means your friend must do their job honestly and thoroughly. They need to show your car to all potential buyers and present every offer they receive to you. They shouldn’t ignore any offers just to keep more money for themselves or avoid sharing it with others. Breach of Fiduciary Relationship and Duty of Care occurs if your friend decides not to show you an offer from another buyer because they want to keep all the profit from a buyer they find themselves. By not sharing this offer, your friend is not fulfilling their responsibility to act in your best interest. In real estate, when you hire an agent to sell your home, they have the same obligation. They must show all offers they receive and help y…