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Rayborn v. Long

The seller's real estate agent did not create a fiduciary relationship with the prospective buyer when he gave him a sales contract offering a sales price that he believed the seller would accept.

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Walter S. Rayborn brought this action for damages against Stan W. Long and Donald Long, individually and purportedly d/b/a Century 21, Georgia Farm Realty, alleging that he advised Stan W. Long he desired to buy a certain 28 acre parcel of real property advertised for sale by the Long defendants; and that on May 18, 1998, he presented an earnest money check and an executed contract to purchase the property “as is” for $38,900.

Rayborn further alleged that when he sought to close on the property, he learned that the owner, Newell Yvonne Shaw, had accepted the offer of one Mike Sigman on May 7; that for $10,048.50, Sigman assigned to P. D. Miller, Jr. the right to purchase the property; and that Miller had bought the property for $33,016.50. Rayborn contended that defendants never advised him of the existence of any other contract for the property. Thereafter, Rayborn purchased the property, less ten acres, from Miller for $55,000. Rayborn seeks to recover $32,000, representing the value of the ten acres retained by P. D. Miller, and the difference between the price he offered and the price he paid Miller.

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