Field

In this decision, we hold the two-year statute of limitations established by Civil Code section 2079.4 does not apply to claims for a breach of fiduciary duty brought against real estate brokers by purchasers whom they exclusively represent.

Real estate broker Century 21 Klowden-Forness Realty and its agent Shirley Hays (collectively Century 21) appeal a judgment awarding damages to Robert and Betty Field, whom Century 21 exclusively represented in their purchase of a rural residential property. Century 21 does not claim the evidence of breach is insufficient, but challenges the trial court’s failure to find the Fields’ action time-barred under section 2079.4.

For the following reasons, we conclude actions by buyers against brokers who exclusively represent them in real estate purchase transactions are not limited by the two-year time-bar of section 2079.4 which, by its terms, is limited to claims for breaches of duty imposed by sections 2079 through 2079.24. (Tit. 6, ch. 3, art. 2.) We reject the argument that because a portion of the buyers’ claims was based on their broker’s failure to determine the extent of an easement was substantially more burdensome than…