Question
Ronald Drump is a real estate developer who is afraid that people looking to sell their real estate will demand a higher price if they
Ronald Drump is a real estate developer who is afraid that people looking to sell their real estate will demand a higher price if they know he is the interested purchaser, so he employs Barbara Cochran, a licensed real estate broker, at a weekly salary of $1,500.00, to act as if she is buying property for herself. Cochran purchases property Drump wants in her name and then transfers ownership to Drump.
Cochran told Drump that she found a vacant parcel of land available for purchase at $300,000.00. Drump authorized Cochran to purchase the land and gave her $300,000.00 to complete the purchase.
Unknown to Drump, Cochran had an interest in the vacant land. Before Drump had employed her, Cochran had purchased an option to buy the vacant land for $150,000.00. When Drump gave Cochran the $300,000.00, Cochran exercised her option to buy the vacant land, used $150,000.00 of the $300,000.00 to complete the purchase, and kept the remaining $150,000.00.
Drump now sues Cochran for breach of fiduciary duty, asking that Cochran be required to give Drump the entire profit on the transaction. Cochran argues that Drump's sole remedy is to rescind the transaction - return the vacant land to her in exchange for the $300,000.00 purchase price.
Can Drump recover the profit Cochran made on the sale and keep the vacant land, or is he entitled only to transfer the vacant land back to Cochran in return for a refund of his money? Explain your answer.
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