4110. Breach Of Duty By Sellers Agent Inaccurate Information Multiple Listing

4110. Breach of Fiduciary Duty by Real Estate Sellers AgentInaccurate Information in Multiple Listing ServiceEssential Factual Elements (Civ. Code, § 1088) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant], as the [real estate broker/salesperson/appraiser] for [name of seller], listed the property for sale in a multiple listing service (MLS). [Name of plaintiff] claims that [he/she] was harmed because information in the MLS was false or inaccurate. [Name of defendant] is responsible for this harm if [name of plaintiff] proves all of the following: 1. 2. 3. 4. 5. 6. That [name of defendant] listed the property for sale in a MLS; That information posted on the MLS was false or inaccurate; That [name of defendant] knew, or reasonably should have known, that the information was false or inaccurate; That [name of plaintiff] reasonably relied on the false or inaccurate information in the MLS; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New June 2015