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P0831 Even though the duty to inform a buyer of certain facts regarding the license status of a real estate broker involved in an escrow transaction was created by statute, the buyer's tort action against an escrow company for breach of that duty was an action arising from the escrow contract, because the escrow company assumed it by entering into the contract, and since the contract called for the award of attorney fees to a prevailing party in litigation arising from it, the buyer was entitled to fees upon prevailing in the action.
KANGARLOU v PROGRESSIVE TITLE (Escrow Fiduciary) 128 CA4 1174 [See: CivC 1717; B&PC 10138; Exxess Electronixx v Heger 64 CA4 698, T/AT 7/98]
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