1. Humphries v. Becker, No. 41897, 2016 WL 275310 (Idaho Jan. 22, 2016)
Seller’s son and daughter-in-law did not serve as seller’s representative in the sale transaction and were not liable for any misrepresentations in the disclosure form, even though they provided information for the form.
Three decisions regarding employee or independent contractor status and vicarious liability, all arising out of the same case, were decided this past quarter. As discussed below, the court considered whether the lender, brokerage firm, and a contractor hired to perform trash-out services could be held liable for conversion of a borrower’s personal property. In a decision from last year, the court concluded that Massachusetts’ independent contractor statute does not apply to real estate licensees.