Real estate agents can be held liable for damages under the common law if they are negligent in the performance of their duties. Some examples of negligence include:
- Failing to point out an ambiguity in the agreement to their client;
- Placing themselves in a conflict of interest;
- Failing to obtain security for the vendor’s warranty;
- Making inaccurate, untrue or misleading statements about the property in question;
- Failing to make all reasonable and necessary inquiries on their client’s behalf;
- Failing to provide proper guidance and warnings when completing certain forms; and
- Failing to fully inform purchasers of issues with the property despite knowing that they exist.
A claim of negligence against a real estate agent may also be grounded in statutes and regulations. For instance, the Real Estate and Business Brokers Act Code of Ethics (2002) section 4 specifically requires that an agent must promote and protect the best interests of their clients.
If you believe that a real estate agent has been negligent in their dealings with you, contact us for a free consultation.