COA: 210666, Alpena CC: 96-002148-CH.
On order of the Court, the application for leave to appeal from the March 7, 2000 decision of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues addressed whether there is a fiduciary relationship in the auctioneer/seller context, and, if so, whether a fraud claimant's reliance on an alleged misrepresentation has to be reasonable; and whether the clause in the contract barring subsequent oral modifications is enforceable in a fiduciary relationship.