Ohio appellate court rules phished homebuyer can sue hacked escrow agent

The Third Appellate District Court of Appeals of Ohio reversed a lower court ruling in a case brought by a homebuyer who had sent money to scammers instead of an escrow agent after receiving fraudulent wire instructions. It said the lower court was wrong to dismiss the breach of contract and breach of fiduciary duty claims against the escrow agent because genuine issues of material fact remain as to whether an implied agreement for escrow services exists.