Reperex, Inc. v. Coldwell Banker CommercialAnnotate this Case
In this complaint alleging fraud, negligent misrepresentation, and breach of fiduciary duty against Van Wagoner & Bradshaw, LLC, an accounting firm, and Coldwell Banker Commercial, the Supreme Court largely affirmed as to the issues raised in cross-petitions for certiorari but reversed and remanded as to the issue as to whether Plaintiff was entitled to a jury instruction on nondisclosure fraud.
Reperex, Inc. brought this action after a business it purchased in a deal brokered by Coldwell failed. All of the claims against Coldwell were dismissed before trial. Two of the claims against Bradshaw were dismissed before trial, and the remaining fraud claim went to trial, where Bradshaw prevailed. The court of appeals affirmed as to Bradshaw but reversed as to Coldwell. Coldwell and Reperex filed cross-petitions for certiorari. The Supreme Court held (1) Coldwell could not be held liable despite a nonreliance clause in Coldwell’s contract with Reperex; (2) expert testimony was not required to sustain Reperex’s breach of fiduciary duty claim; (3) Reperex failed to establish a basis for overcoming protections available to Bradshaw under Utah Coe 58-26a-602; but (4) as to the lack of a jury instruction on nondisclosure fraud, the case must be remanded for a determination of whether Bradshaw owed Reperex a duty of disclosure under the common law.