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.


Malpractice Term of the Day

Licensed Practical Nurse (LPN)

The licensed practical nurse is a practicing nurse who cares for the injured, sick or disabled under the direction of a physician or nurse.

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Latest Malpractice Question

What does it mean if a court dismisses a case without prejudice?
Malpractice cases dismissed without prejudice may be able to be re-filed.

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