Minimize Your Risk

4 common reasons a real estate agent may be sued

On Behalf of | Jan 4, 2024 | Real Estate Law |

Most real estate agents work diligently to effectively facilitate property transactions. Their expertise and guidance are invaluable, yet this responsibility comes with potential legal risks. Missteps or oversights by real estate agents can sometimes lead to lawsuits, which can be financially and professionally damaging.

Agents need to be aware of the common legal pitfalls in their field. This knowledge can help professionals avoid legal entanglements and reinforces the trust and reliability expected of their occupation.

Misrepresentation and nondisclosure

One of the leading causes of legal action against real estate agents is misrepresentation or nondisclosure of crucial property details. Agents might unintentionally provide incorrect information or omit significant facts about a property, leading to client grievances. These oversights can range from minor issues to significant defects or legal complications affecting the property’s value or usability. When clients face losses due to these errors, they often resort to legal means to seek compensation.

Breach of duty

Real estate agents are bound to act in their client’s best interests. This includes securing the best possible deals, providing all relevant information and avoiding conflicts of interest. If clients believe their agent failed to meet these obligations, they might sue for breach of fiduciary duty. These lawsuits stem from a perceived failure of the agent to uphold their professional responsibilities.

Errors and omissions in contracts

Errors or omissions in contracts and other transactional documents can lead to significant legal issues for clients. Mistakes in these critical documents can cause financial losses or lead to legal complications, resulting in clients seeking compensation through legal channels. Real estate agents must handle transactional paperwork meticulously to prevent such situations.

Negligence in professional duties

Negligence is another area where real estate agents can be vulnerable to lawsuits. This includes failing to conduct proper due diligence, not verifying property details or overlooking legal requirements. Clients affected by such negligence may pursue legal action to recover losses incurred due to an agent’s lack of diligence.

Any real estate agent who learns they’re facing a lawsuit should immediately find out what options they have to address the matter. This might include steps to take to mitigate any damages right away. Seeking legal guidance to more effectively protect their interests can be beneficial for all agents.