Broker Negligence And Broker Representation - Santa Cruz Real Estate Litigation Attorney | Santa Clara/San Jose Real Estate Law (2024)

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Reaching Fair Resolutions To Agent Or Broker Disputes

Like many licensed professionals, California real estate brokers are required to adhere to the highest duty of good faith, honesty and fair dealing, a responsibility that is commonly referred to as a broker’s fiduciary duty.

If a broker does not fulfill his or her fiduciary duty by failing to disclose a known material fact to a buyer, or is otherwise negligent in a manner that results in financial loss to a buyer or seller, a claim for negligence, breach of fiduciary duty or fraud may be brought by the client.

in Santa Cruz, California, represents property buyers and sellers in breach of fiduciary duty and real estate fraud claims. We also aggressively defend real estate brokers in these cases, helping them protect their license and their livelihood.

If you have suffered a loss due to an improper act, error or omission by a licensed real estate professional, you have important rights. We may be able to help you recover your expenses, damages, commission overpayment and possibly even punitive damages.

If you are a real estate broker or agent who has been accused of such an act or omission, we can help you with your options for a solution.

We Use Our Experience And Knowledge To Reach Fair, Effective Resolutions

Our Santa Cruz attorneys have more than 70 years of cumulative experience handling complex real estate and property issues, including numerous broker negligence and fraud cases. We have successfully resolved claims against brokers and defended real estate agents at some of the largest real estate brokerage firms in Northern California.

We understand the nuances of California laws as they pertain to protecting property buyers and sellers, as well as the real estate agents who broker these transactions.

California laws require that a real estate broker disclose to his or her client all material information that the broker knows or could reasonably obtain regarding the property or relating to the transaction.

California civil jury instructions state, “the broker must place himself or herself in the position of the client and consider the type of information required for the client to make a well-informed decision.”

Proof of concealment or a false statement is required to prove negligent misrepresentation or fraud. While a real estate agent has a duty not to conceal or misrepresent known facts, he or she has no duty to investigate unknown facts and report them to the purchasers when there are no red flags.

Our experience representing both plaintiffs and defendants in these cases helps us anticipate the other side’s strategy. This allows us to build strong cases and negotiate for a resolution from a position of strength. If a fair agreement cannot be reached, our trial-tested lawyers are always prepared to aggressively advocate in court on our clients’ behalf.

Call or or use our contact form to schedule an appointment. We will review the facts of your case and provide a straightforward assessment of what you might expect as an outcome.

• Landlord/Tenant Law
• Co-Ownership Disputes
• Easem*nt And Boundary Disputes
• Contract disputes
• Real Estate Fraud And Defects
• Broker negligence and broker representation
• Title Issues
• Commercial Real Estate Litigation
• American Kennel Club / Canine Law

Our firm welcomes the opportunity to review your legal matter and recommend the best course of action. Our experience allows us to provide an accurate assessment of what you might expect as an outcome.

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