Common Issues in Real Estate Litigation

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The standard of care refers to the level of competence, diligence, and professionalism a reasonably prudent real estate licensee is expected to exercise under similar circumstances. This standard varies based on jurisdiction and the facts of the transaction. When disputes arise, the question becomes whether an agent acted in accordance with what another similarly licensed agent would have done.

Improper conduct by a real estate licensee includes actions that violate fiduciary duties, licensing laws, or ethical standards. Examples include failing to disclose material facts, providing legal advice beyond the scope of licensure, or steering clients based on discriminatory factors. Such conduct can lead to administrative penalties, lawsuits, or revoked licenses. As an expert witness, I evaluate the licensee’s behavior in light of professional norms, training requirements, and statutory obligations to determine if any misconduct occurred.

Real estate agents owe fiduciary duties to their clients, which include loyalty, confidentiality, disclosure, obedience, reasonable care, and accounting. These duties form the foundation of trust in an agency relationship and are enforceable under law. Breaches of fiduciary duty—such as failing to disclose material facts or acting in self-interest—often become central issues in real estate disputes and lawsuits. Understanding these obligations is critical in determining liability and agent conduct in expert witness evaluations.

Dual agency occurs when one real estate agent or brokerage represents both the buyer and seller in the same transaction. While legal in some states, dual agency often creates conflicts of interest and limits the agent’s ability to offer full fiduciary duties to both parties. Buyers and sellers may not receive undivided loyalty, confidential advice, or effective negotiation. In real estate litigation, dual agency is frequently scrutinized when disputes arise over misrepresentation, undisclosed conflicts, or failure to protect client interests.

A listing agent represents the seller in a real estate transaction and owes them fiduciary duties including loyalty, confidentiality, disclosure, reasonable care, and obedience. Core responsibilities include accurately pricing the property, marketing it effectively, qualifying buyers, disclosing known material defects, and negotiating favorable terms. The listing agent must also ensure compliance with legal requirements such as property disclosures and fair housing laws. When disputes arise—such as over misrepresentation, failure to disclose, or dual agency conflicts—the conduct of the listing agent is often central to the case.

A buyer’s agent represents the interests of the homebuyer in a real estate transaction. Their responsibilities include identifying suitable properties, analyzing market value, advising on offer strategies, negotiating terms, and ensuring full disclosure of known defects or issues. The buyer’s agent also helps navigate inspections, contingencies, and contract timelines, while maintaining fiduciary duties such as loyalty, confidentiality, and reasonable care. When disputes arise, the conduct of the buyer’s agent is often central to determining whether those duties were properly fulfilled.

Real estate agents violate Fair Housing laws when they discriminate—intentionally or unintentionally—based on protected characteristics such as race, color, religion, sex, disability, familial status, or national origin. Common violations include steering clients toward or away from certain neighborhoods, using biased language in marketing, or failing to show properties equally. Even casual remarks or following a client’s discriminatory preferences can lead to liability. Fair Housing violations are serious and often result in complaints, lawsuits, and disciplinary action. 

Misrepresentation occurs when false or misleading statements—whether intentional or accidental—are made during a real estate transaction. This can involve the condition of the property, zoning, permits, or the presence of defects. Misrepresentation may be classified as fraudulent, negligent, or innocent, but all forms can lead to financial harm and legal action. In real estate litigation, misrepresentation is often a key factor.

A real estate expert witness provides independent, professional analysis of industry practices, legal obligations, and transaction standards in disputes involving buyers, sellers, agents, and brokers. Whether the case involves breach of duty, contract disputes, misrepresentation, or licensing violations, an expert witness explains complex issues clearly to attorneys, judges, and juries. Drawing on decades of experience, I offer clarity on what should have been done, what went wrong, and how industry standards apply to the facts of the case.

A real estate expert witness provides independent, professional analysis of industry practices, legal obligations, and transaction standards in disputes involving buyers, sellers, agents, and brokers. Whether the case involves breach of duty, contract disputes, misrepresentation, or licensing violations, an expert witness explains complex issues clearly to attorneys, judges, and juries. Drawing on decades of experience, I offer clarity on what should have been done, what went wrong, and how industry standards apply to the facts of the case.