What type of claims can I make against a real estate broker?

If you are a buyer or seller of real estate in California and feel that your real estate broker has not provided you with proper service or has committed a mistake, then you may have a claim against the broker. Generally, a claim against a real estate broker may include breach of fiduciary duty, negligence, misrepresentation, fraud, or failure to disclose material facts about a property. For example, a breach of fiduciary duty occurs when a broker fails to act in a buyer or seller’s best interests, fails to do their job properly or does not disclose material facts about a property. In order to make a claim for a breach of fiduciary duty, you must be able to prove that the broker acted without your informed consent, did not act in accordance with the terms of the contract, or failed to act in your best interests. Negligence may also be a basis for a claim against a real estate broker. This occurs when a broker fails to exercise the appropriate standard of care when dealing with a buyer or seller of real estate, resulting in damage or injury. In order to make such a claim, the buyer or seller must be able to prove that the broker owed them a duty of care, breached this duty, and that the breach caused the buyer or seller to suffer a financial loss. Misrepresentations are also grounds for a claim against a real estate broker. This occurs when a broker provides false or misleading information about a property which results in financial harm or damage to a buyer or seller. In order to make such a claim, a buyer or seller must be able to prove that the broker made a false statement or withheld material facts about a property that was important to their decision to purchase or sell. Finally, fraud is also a basis for a claim against a real estate broker. Fraud occurs when a broker intentionally deceives a buyer or seller in order to gain financial or personal advantage. If a buyer or seller can prove that a real estate broker committed an intentional misrepresentation with the intent to deceive, then they may be able to make a claim for fraud.

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