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LERNER v. DMB REALTY, LLC

No. 1 CA-CV 11-0339.

322 P.3d 909 (2014)

Glen J. LERNER and Robynn Lerner, a married couple, Plaintiffs/Appellants, v. DMB REALTY, LLC, a Delaware limited liability company; Jeff Currier and Marissa Currier, a married couple, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

February 13, 2014.

Attorney(s) appearing for the Case

Kercsmar & Feltus, PLLC, Scottsdale, By Todd Feltus, William T. Luzader, III, Counsel for Plaintiffs/Appellants.

Manning & Kass, Ellrod, Ramirez, Trester, LLP, Scottsdale, By Robert B. Zelms, Anthony S. Vitagliano, Counsel for Defendants/Appellees DMB Realty.

Ballard Spahr, LLP, By Brian Schulman, Craig C. Hoffman, Phoenix, Counsel for Defendants/Appellees Curriers.

OPINION

As Modified

JOHNSEN, Judge.

¶ 1 After Glen and Robynn Lerner unwittingly bought a home next door to a registered sex offender, they sued the couple who sold them the home and the real estate broker that represented both couples in the transaction. The defendants moved to dismiss, arguing the Lerners' claims of fraud, misrepresentation and breach of fiduciary duty were barred by the sales...

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