Malpractice by a Real Estate Agent Lawsuit Attorney

Whether you are looking for a home or business space, buying a property is a major investment. The process can be fraught with all sorts of pitfalls and frustrating moments, and that may include negligence by a real estate broker. If you are victim of fraud or other negligent conduct by a realtor, you may have the right to sue for compensation in a broker malpractice lawsuit.

California law required real estate agents to disclose all material facts about a property that they are selling / purchasing on behalf of a client. If they are representing both the seller and buyer, they have a duty of care to represent both sides equally. If you are a victim of failure to represent the parties in a real estate transaction, you should immediately contact a California broker malpractice attorney.

Dual Agency by Real Estate Agents

Whenever multiple parties are engaged in a legal action, the general recommendation is that each side find their own representative. But in real estate transactions, the practice of dual agency is very common in the state of California. This is a situation where one realtor represents both parties in the sale or purchase of a property.

As you can probably guess, dual agency inevitably comes with risks, whether you are the buyer or seller. To prevent as many problems as possible, the laws require a written agreement signed by both sides, acknowledging that they are allowing one broker to act a dual agent. However, an agreement cannot prevent a real estate agent from being careless or outright fraudulent, thereby causing significant harm to their client.

A realtor’s breach in their duty of care may be grounds for a broker malpractice lawsuit. To learn more about suing a real estate broker that failed to represent you properly, contact the offices of Kenmore Law Group.

A Realtor’s Obligation to a Client

To file a claim for negligence, you must have proof that a real estate broker violated their legal responsibility to you as their client. So, let’s take a look at the general duties that are expected of a real estate agent who is acting as a representative for both sides of a property transaction:

• Investigation – essentially, a realtor has to research and verify the material facts of a property instead of trusting the word of someone else.
• Honesty – brokers must be honest in the information and advice they offer to all the parties they are representing in a real estate transaction. Any manipulation of the facts or withholding information can make the broker liable in the client’s monetary losses.
• Disclosure – a real estate agent can be sued for constructive fraud if they knew certain facts / problems about a property and failed to disclose such information to the buyer or seller.
• Conflict of interest – this is a subcategory of disclosure, where a broker is obligated to tell a party of any personal relationship they have with the other party (the seller is a friend or family member, for example).
• Reasonable care – a relator must take any and all reasonable actions to provide their client with the highest level of service. This includes being honest with the client if they lack the experience or knowledge to handle a real estate transaction.
• Privacy – a broker must protect private / sensitive information about a client if it undermines their position in a real estate transaction.
• Honoring the client’s instructions – as professionals, real estate agents are expected to provide advice and guidance to their clients. However, the client ultimately makes their own decision regarding offers / counteroffers and the terms of a potential sale. Making any alterations or omissions to the client’s instruction is a clear and serious breach of duty.

Can I Sue a Real Estate Agent for Negligence?

To qualify for damages from a broker malpractice claim, you must establish the following factors:

• The real estate agent was acting on your behalf in order to buy or sell a property.
• The broker was negligent in their duty, i.e., they failed to provide you with the level of service that was owed to you.
• The realtor’s breach of duty caused you harm that is significant enough to merit a lawsuit.

These elements are quite challenging to prove, especially the last one pertaining to losses that are significant enough to warrant legal action. This is where advice from a real estate negligence lawyer is absolutely essential.

What Do I Do if a Real Estate Agent Failed to Represent my Interests?

Do you have reason to believe that a realtor failed to provide you with adequate representation on a property sale or purchase? In that case, here are the steps you can take:

• Contact a Real Estate Malpractice Lawyer – seek legal advice immediately to find out about the legal options that are available to you.
• Collect evidence – start a collection of any documents pertaining to the property transaction, including signed contracts, information about the property, and communications with the broker.
• File a formal complaint – your lawyer can help you file a claim with the CDRE (California Department of Real Estate), the state agency in charge of licensing realtors and investigation of malpractice claims.

Legal Advice from a Broker Malpractice Lawyer

Our legal team is here to advise you of your rights and legal options if you suffered significant monetary losses because of careless or willful misconduct by a real estate agent. Broker malpractice lawsuits are extremely challenging cases, but rest assured that we are with you every step of the way.

As we work to recover your damages, we will not ask you for a single penny upfront. Legal expenses are recovered from that party that harmed you, which we only receive as a part of your settlement or jury verdict. If we fail to bring you compensation, the terms of the Zero Fee Guarantee means you can walk away without paying us a single cent.

We look forward to fighting for you and the justice you deserve, so contact us today for a free case review.