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Reperex, Inc. v. Coldwell Banker Commercial, 2018 UT 51 (Sept. 12, 2018)

Sep 12, 2018

This case involved a breach of fiduciary duty claim based on a misrepresentation that the seller earned $310,000 in a single year, even though the figure was $74,000.  The district court granted summary judgment based on the absence of expert testimony and the court of appeals affirmed.  Reversing, the supreme court held expert testimony was not necessary, based on the particular facts of the case, where a lay person could understand the materiality of the misrepresentation without an expert’s technical input.