D’Attomo v. Baumbeck

Court dismissed Plaintiffs' 6-count complaint against trustee and condo association, from dispute over sale of condo. Plaintiffs claims that limitations on rental of property were not disclosed to them prior to closing. Under facts of case, there is no independent cause of action frobreach of covenant of good faith and fair dealing. Plaintiffs did not allege that fiduciary or confidential relationship exists as a matter of law between seller and buyer of condo unit, and did not plead that seller occupied position of influence and superiority over buyers such that duty to speak arose; and did not allege that they could not have discovered truth through reasonable inquiry or inspection or were prevented from making reasonable inquiry or inspection. Seller could not owe fiduciary duty to Plaintiffs as to any pre-closing conduct, as Plaintiffs did not become unit owners until closing. Dismissal with prejudice of two counts of complaint is reversed.(McLAREN and ZENOFF, concurring.)