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COUNT XIV (Coldwell and Berg) <br /> Breach of the Duty of Disclosure of Broker/Real Estate Salesperson in Violation of <br /> Minn. Stat. 82.68 <br /> 213. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as <br /> if fully set forth herein. <br /> 214. Coldwell and Berg were licensed real estate salespersons and brokers at the <br /> time this cause of action arose. <br /> 215. Coldwell and Berg were subject to the statutory duty to affirmatively <br /> disclose to a prospective purchaser all material facts of which they are aware. _ <br /> 216. Berg, acting for Coldwell, was aware of both the defective condition of the <br /> Property and of his client's intent to subdivide the Property and obtain a Conservation <br /> Easement, and of the fact that such information was material to any buyer of the <br /> Property. <br /> 217. Berg failed to disclose such information to the Plaintiffs. <br /> 218. Berg failed to correct the Plaintiffs' material mistaken belief as to the <br /> condition of the Property. <br /> 219. Berg, acting for Coldwell, was provided with a copy of an inspection report <br /> about the physical condition of the Property prepared on behalf of Plaintiffs. <br /> 220. Berg, on behalf of Coldwell, was aware of Plaintiffs' mistaken belief of the <br /> condition of the Property <br /> 221. Plaintiffs have suffered damages as a result of Berg's and Coldwell's <br /> failure to disclose as required by statute. <br /> 33 <br />