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QUEIROZ v. HARVEY

No. CV-08-0308-PR.

205 P.3d 1120 (2009)

Ivo QUEIROZ, an unmarried man, Plaintiff-Counterdefendant/Appellant, v. Daniel HARVEY, Defendant-Counterplaintiff/Appellee.

Supreme Court of Arizona, En Banc.

April 28, 2009.

Attorney(s) appearing for the Case

Gust Rosenfeld, P.L.C. by Charles W. Wirken, Phoenix, Attorneys for Ivo Queiroz.

Jennings, Strouss, & Salmon, P.L.C. by David B. Earl, David Brnilovich, Phoenix, Attorneys for Daniel Harvey.

Thomas, Thomas & Markson, P.C. by Neal B. Thomas, Phoenix, Attorneys for Amici Curiae Arizona Association of Realtors, West USA Realty, Inc., and John Hall & Associates.

OPINION

RYAN, Justice.

¶ 1 In this opinion, we address whether a court may consider a real estate agent's inequitable conduct in deciding if the agent's principal is entitled to specific performance of a contract for the sale of real estate. We conclude that the agent's inequitable acts may be imputed to the principal whether or not the principal knew of the agent's misconduct.

I

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