Jack Payson was the listing agent for some property sold by Alice and Dan Faroni. The
Faronies had agreed to finance the purchase for the buyer. Payson never told the
Faronies to secure their financing with a deed of trust or mortgage. When the buyer
defaulted on the payments, the Faronies could only seek a judgment against the buyer
and the litigation process was expensive and the judgment difficult to collect. Which of
the following is an accurate statement about this situation?
a. Payson is not a legal adviser and has not done anything that results in liability to the
Faronies
b. Payson breached his duty of reasonable care and would have liability to the Faronies
for their losses from the lack of security for the loan
c. Whether Payson would have liability depends upon whether he was an
exclusive-right-to-sell agent or part of an open listing
d. Payson would have liability to the Faronies only if they asked him for his advice on
the financing
Discuss brownfields and their effect.
Compute the capital gain on the following: