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Broker Negligence and Breach of Fiduciary Duties

Our Orange County, CA Law Firm Can Help You

California law stipulates that every real estate broker or agent must adhere to what is called "fiduciary duty." This means that the agent or broker owes the highest duty of good faith, fairness, reasonable care, loyalty and honesty to his or her client.

California Civil Jury Instructions state that "A fiduciary duty imposes on a real estate agent/real estate broker, a duty to act with the utmost good faith in the best interests of his/her/its client." 

Unfortunately, some real estate brokers do not act in the best interests of their clients. Instead, some brokers break the rules or act in a reckless or negligent manner, which could jeopardize the purchase or sale of a residential or commercial property.

Because a person's livelihood or future solvency could depend on the sale or purchase of a single property, any broker negligence that leads to a breach of this fiduciary duty during the real estate transaction could cause the client financial crisis. When that occurs, you need to take immediate legal action. You need the Law Offices of Daniel C. Carlton on your side.

Common Legal Issues

There are many different ways a real estate broker or agent can act in a negligent manner or breach their fiduciary duties. These include:

  • Failing to disclose a property defect
  • Offering legal advice (real estate agents cannot do so in California)
  • Failing to disclose other material facts (including problems with structure or foundation)
  • Providing misleading information to buyers or sellers
  • Failing to recommendation or arrange mandatory inspections
  • Breach of contract (failing to adhere to terms of contract between agent and buyer or seller)
  • Violating buyer's or seller's civil rights (including agent asking buyer or seller questions about their ethnicity, race or sexual orientation)

A real estate agent or broker who causes damages or loss to a buyer or seller must be held accountable for his or her actions. Depending on the circumstances of your case, you could make a claim for breach of fiduciary duty, negligence or fraud. And attorney Carlton can help you every step of the way.

Count On Carlton

For more than 40 years, Dan Carlton has defended the rights of victims of real estate wrongdoing throughout Southern California. A licensed Realtor, attorney Carlton thoroughly understands California's real estate rules and regulations.

If you believe a real estate broker acted in a negligent manner or breached their fiduciary duties, you need to take strong legal action as soon as possible. If you wait, you could miss certain deadlines for taking legal action or negatively affect the value of the property you're trying to buy or sell.

Count on Carlton in a crisis. Contact our law firm today. Call (949) 757-0707 or contact us online. Every conversation is confidential. Attorney Carlton will personally handle your case in a professional, timely manner. We handle broker negligence cases throughout Orange County.

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