Legal Question in Business Law in Maryland

Establishment of fiduciary relationship

I was referred to a contractor via a 3rd party to get an estimate on clean-up(demolition) costs on a piece of property I intended to purchase. The contractor met me on the property and asked me numerous questions about the property, including how much I was going to bid. I answered his questions. He then promised me a quote on the clean-up costs by that evening. He never said he was then going to bid on the property himself. As a matter of fact during continuous phone calls to him he just said "he was delayed but would get the bid to me soon." The property was under a sealed bid process that was only 5 days in length so time was of the essence. Ultimately, the contractor got the property just slightly over my bid amount. Did he violate a fiduciary relationship? What case law could be cited?


Asked on 9/08/00, 10:28 am

1 Answer from Attorneys
J Stephen Simms Simms Showers LLP

Re: Establishment of fiduciary relationship

There was no fiduciary relationship, but the person apparently defrauded you and you also may have a claim against him for unfair competition. The question is your damages, which would be measured as your likely profit on the property after all expenses. In Maryland, punitive damages are not available unless you can show that the person hated you, which doesn't seem to be present here. Please give us a call if we can help further, toll free 800-537-6930, local 410-783-5795 (Baltimore), 301-696-9396 (Frederick)

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Answered on 10/06/00, 10:21 am


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