• Carl, a real estate broker, contacts a homeowner and tells her that he has a buyer that will pay top dollar for her home and that he, Carl will handle all of the details making it a simple, painless transaction. She agrees to sell and later the deal goes sour. The seller sues Carl for breach of fiduciary duties. Carl's defense is that he is not the seller's agent as there was no listing agreement and the buyer, not the seller, is paying his commission.
• Does Carl owe the seller fiduciary duties?