Real Estate Malpractice
What is Real Estate Malpractice?
Real estate malpractice is a relatively unknown aspect of malpractice law, but in a time of housing turmoil, one that's growing in demand.
Real estate agents are professionals who have a fiduciary responsibility to their clients - which now legally includes buyers as well as sellers with the increase in buyer agent and brokers. In a volatile housing market, the question remains open to debate over how much responsibility real estate agents are liable for.
Areas in which real estate malpractice can be argued:
- Failure to work in the best interest of the client
- Failure to carry out lawful instructions of the client
- Failure to fully disclose any issue affecting safety, desirability, or value of the home
- Breach of confidence
- Theft or fraud
Most cases of real estate malpractice focus on physical issues surrounding a real estate purchase. Most include known health issues, safety hazards, and/or maintenance issues. However, recent cases are now bringing home values into question.
If you believe you're real estate agent or broker hasn't performed to a basic standard of care, consult a local malpractice attorney. Real estate malpractice is a serious and emotional issue. Your malpractice lawyer is a professional, objective third party who works with your to save your property and your rights.
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Some states have a statute or court rule that establishes a specific limit or sliding scale on contingency fees attorneys may charge if they win a claimant's medical malpractice claim.
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