Koch v. First Union Corp.

2002 WL 372939 (2002)

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Koch v. First Union Corp.

Pennsylvania Court of Common Pleas
2002 WL 372939 (2002)

Facts

Harry W. Koch, Alice M. Koch, and Joyce M. Meehan (the homeowners) (plaintiffs) obtained home-equity loans for home-improvement costs. The loans were obtained from First Union National Bank of Delaware (First Union) by way of its contractor, Pennsylvania Resource Corporation (PRC), and PRC’s broker, First Liberty Financial Services, Inc. (First Liberty) (collectively, the creditors) (defendants). While the homeowners were obtaining the loans, PRC and First Liberty advised the homeowners by providing various estimates. However, the homeowners ended up paying amounts far above the estimates. The homeowners filed an amended complaint alleging, among other things, that the creditors owed a fiduciary duty to the homeowners due to the confidential relationship between them and that the creditors had breached that duty by engaging in unfair trade practices and misleading the homeowners with inaccurate estimates. The creditors filed preliminary objections to the complaint, arguing that they owed no fiduciary duty to the homeowners.

Rule of Law

Issue

Holding and Reasoning (Herron, J.)

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