🏠 Real Estate Agent & Broker Dispute Demand Letters
🏘️Understanding Real Estate Agent & Broker Disputes
Fiduciary DutyAgents owe clients utmost care, integrity, honesty, and loyalty (Cal. Civ. Code § 2079.16)
When Real Estate Agents and Brokers Go Wrong
Real estate agents and brokers in California are highly regulated professionals who owe specific legal duties to their clients. When they breach those duties—whether through negligence, failure to disclose, conflict of interest, or outright fraud—buyers and sellers can suffer significant financial harm.
Common Agent/Broker Misconduct Scenarios
🔍 Failure to Discover and Disclose Defects
Visual inspection failures: Agent failed to notice obvious issues (water damage, foundation cracks, roof problems) during property showing
Known defects not disclosed: Agent knew about problems (past flooding, pest damage, neighborhood issues) but didn't tell buyer
Seller disclosures mishandled: Agent failed to provide TDS, SPQ, or other required disclosures, or downplayed serious issues
Off-MLS information concealed: Agent had knowledge from prior listings or local reputation that wasn't shared
🤝 Dual Agency and Conflict of Interest
Undisclosed dual agency: Agent represented both buyer and seller without proper disclosure and consent
Steering to affiliated services: Agent pushed buyer/seller to use agent's own mortgage company, title company, or inspector for kickbacks
Self-dealing: Agent or agent's family member purchased property without disclosure, or flipped it quickly for profit
Favoring one client over another: In dual agency, agent prioritized seller's interests over buyer's (or vice versa)
💰 Financial and Commission Disputes
Unauthorized commission deductions: Broker took commission when contract was disputed or buyer/seller had valid rescission claim
Procuring cause disputes: Multiple agents claim commission; unclear who actually procured the buyer
Excessive or hidden fees: Surprise "transaction coordinator" fees, "administrative charges," or double-dipping
Earnest money deposit disputes: Broker released deposit improperly or failed to follow escrow instructions
📉 Negligent Advice and Misrepresentation
Bad pricing advice: Agent vastly overpriced (to get listing) or underpriced (for quick sale and commission) property
False market representations: "This neighborhood is hot, prices always go up" or "This is a steal at this price" with no basis
Zoning and permitting errors: Agent said unpermitted addition was legal, or said property could be used for business when zoning prohibits it
HOA and CC&R issues: Failed to disclose onerous HOA rules, pending special assessments, or litigation
⚠️ Failure to Perform Contractual Duties
Missed deadlines: Agent failed to submit offers timely, missed inspection contingency deadlines, or bungled closing coordination
Poor communication: Agent unreachable, failed to relay offers or counteroffers, or misrepresented terms
Inadequate marketing: Listing agent did minimal marketing, no photos, no open houses, limiting buyer pool
Pressure tactics: Agent rushed client into contract without adequate time to review, inspect, or consider
⏰ Time Limits: Claims against real estate agents typically must be brought within 2 years for negligence (from discovery of harm) or 4 years for breach of contract/fraud. Don't delay—evidence degrades and witnesses disappear. Send demand letters promptly after discovering the problem.
Who Can You Hold Liable?
👤 Individual agent/salesperson: Personally liable for their own negligence, misrepresentation, or breach of duty
🏢 Supervising broker: Vicariously liable for agent's conduct within scope of agency, plus direct liability for failure to supervise
🏛️ Brokerage firm: Respondeat superior liability for employee agents' wrongful acts
🤝 Dual agents and transaction coordinators: All parties involved in the representation may share liability
Damages You May Recover
💵 Economic damages: Cost to repair undisclosed defects, diminution in property value, difference between price paid and actual value
💸 Rescission and restitution: In fraud/misrepresentation cases, you may be able to unwind the deal and recover purchase price (minus use value)
💰 Lost opportunity costs: If bad advice caused you to miss a better deal or sell for less than market
📜 Consequential damages: Moving costs, temporary housing, storage fees if you had to move out due to undisclosed defects
⚖️ Attorney fees (if contractual or statutory basis): Some agency agreements or statutes allow fee recovery; otherwise each side pays own fees
⚠️ E&O Insurance: Most real estate brokers carry Errors & Omissions (E&O) insurance covering negligence and breach of duty claims. This is good news—it means there's insurance money to pay your claim. Send demand letters to both the broker and the brokerage firm to trigger insurance coverage investigation.
⚖️Legal Duties of Real Estate Agents and Brokers
Duty to Conduct Visual Inspection (Cal. Civ. Code § 2079)
§ 2079 Inspection DutyListing agents must conduct "reasonably competent and diligent visual inspection" and disclose material facts
Civil Code § 2079 (abridged):
"It is the duty of a real estate broker or salesperson...to a prospective purchaser of residential real property comprising one to four dwelling units to conduct a reasonably competent and diligent visual inspection of the property offered for sale and to disclose to that prospective purchaser all facts materially affecting the value or desirability of the property that such an investigation would reveal..."
What this means:
Agents can't just rely on seller's disclosures—they must personally inspect the property
Inspection must be competent and diligent—walking through with eyes open, looking for red flags
Agent must disclose all material facts discovered, even if seller didn't mention them
Applies to listing agents and selling agents (buyer's agents), though listing agent duty is broader
Limited to visual inspection—no duty to conduct invasive testing or hire experts (though agent should recommend inspections)
📖 What's "Material"? A fact is material if it would influence a reasonable person's decision to buy or the price they'd pay. Examples: foundation cracks, water stains, pest damage, odors, neighborhood noise, unpermitted additions, HOA litigation, past flooding, soil issues visible from cracking or settlement.
Fiduciary Duties (Cal. Civ. Code § 2079.16)
§ 2079.16 – Duties to Client: A real estate agent owes the client:
✅ Utmost care
✅ Integrity
✅ Honesty
✅ Loyalty
✅ Diligent exercise of reasonable skill and care
What fiduciary duty requires:
Putting the client's interests first (not agent's own commission or convenience)
Full disclosure of all conflicts of interest
Confidentiality of client's negotiating position and financial information
Competent advice and recommendations based on client's best interests
Diligence in performing all contractual duties (marketing, negotiation, coordination)
Disclosure Duties
California law requires agents to provide or ensure the following disclosures:
📄 Transfer Disclosure Statement (TDS): Seller's disclosure of property condition; agent must deliver and may add own disclosures
🏠 Agent Visual Inspection Disclosure (AVID): Agent's own findings from visual inspection
🌍 Natural Hazard Disclosure (NHD): Earthquake, flood, fire, and other hazard zones
🏢 Mello-Roos and special tax disclosures
⚡ Death on property (if within 3 years)
🤝 Agency relationship disclosure: Who represents whom (seller, buyer, or dual agency)
📋 Material facts known to agent even if not on formal disclosure forms
Failure to provide required disclosures or knowingly providing false/incomplete disclosures is a breach of duty and may violate licensing laws.
Dual Agency Rules (Cal. Civ. Code § 2079.17)
Dual agency occurs when one agent (or agents from the same brokerage) represents both buyer and seller in the same transaction.
Requirements:
Agent must disclose dual agency in writing and obtain informed written consent from both parties
Agent cannot disclose one client's confidential information to the other without permission
Agent must treat both parties fairly and cannot favor one over the other
Dual agent's duty of loyalty is modified—agent cannot advocate exclusively for either side
⚠️ Dual Agency Risks: Dual agency creates inherent conflicts. If your agent represented both you and the other party without clear disclosure and consent, or if the agent favored the other side (e.g., pushed you to accept low offer to close the deal), you have a strong breach-of-duty claim.
Licensing and Regulatory Requirements (Bus. & Prof. Code)
California real estate agents and brokers are licensed and regulated by the California Department of Real Estate (DRE) (now part of the Department of Consumer Affairs).
Making false promises likely to influence a transaction
Acting for more than one party without knowledge/consent of all parties
Commingling client funds with agent's own funds
Failing to disclose material facts
Negligence or incompetence in performing licensed duties
Fraud, dishonest dealing, or breach of trust
Disciplinary consequences: License suspension, revocation, or monetary fines. While these are administrative remedies (not direct compensation to you), they provide leverage in demand letters and can support your civil claims.
💡 DRE Complaint Leverage: You can file a complaint with the DRE for licensing violations. While the DRE process is slow and doesn't award damages, mentioning in your demand letter that you're "evaluating a DRE complaint" often motivates brokers to settle quickly to avoid regulatory scrutiny and potential license consequences.
Standard of Care
In negligence claims, the question is whether the agent acted as a reasonably competent agent would under similar circumstances. Factors:
What would a competent agent have noticed during the visual inspection?
Did the agent follow standard industry practices (MLS listings, disclosure forms, inspection recommendations)?
Did the agent have specialized knowledge or experience that raised the standard of care?
Was the agent's advice consistent with the client's stated goals and risk tolerance?
Expert testimony (from experienced brokers) is often required to establish the standard of care and breach in complex cases.
📂Evidence Collection and Building Your Claim
Essential Documents
Paper Trail = Case StrengthGather all transaction documents, communications, and post-closing evidence of problems
📄 Transaction Documents
Purchase agreement and all addenda
Listing agreement (if you're the seller)
Buyer agency agreement (if you're the buyer)
All disclosure packages: TDS, AVID, NHD, SPQ, HOA docs, Mello-Roos, etc.
MLS listing printout: Photos and description as marketed
Escrow instructions and closing statements
Title report and policy
Inspection reports (general home inspection, pest, roof, foundation, etc.)
📧 Communications
All emails and texts between you and agent (and between agent and other party if you have copies)
Voicemails or recorded calls (if legal in your state; California generally requires two-party consent for recording)
Meeting notes and showing summaries
Agent's representations: Written summaries of what agent told you about the property, market, pricing, condition, etc.
🔍 Post-Closing Investigation
Expert reports documenting defects: Structural engineer, contractor, roofer, foundation specialist, mold inspector, etc.
Repair estimates: Detailed quotes for fixing the undisclosed problems
Photos and videos: Current conditions showing defects
Prior inspection reports (if seller had them but didn't disclose)
Prior listings or disclosures: Pull old MLS listings or prior sale disclosures showing agent/seller knew about issues
Proving What the Agent Knew or Should Have Known
🔍 Smoking gun evidence:
Prior MLS listings by the same agent showing issues (e.g., "needs foundation repair" in old listing, no mention in current sale)
Emails where agent discusses the defect with seller or other agents
Agent's own AVID noting issues, but then downplaying them in conversations with buyer
Agent represented prior buyers/sellers of the same property and knew its history
🔍 Circumstantial "should have known" evidence:
Photos from listing show visible water stains, cracks, or damage
Defects are in plain sight (e.g., 6-inch crack across living room wall)
Agent spent significant time showing property—multiple visits, hours on-site
Agent has local market expertise and should have known neighborhood issues (noise, flooding, schools, etc.)
Comparative Market Analysis (CMA) and Pricing Issues
If your claim involves bad pricing advice:
Obtain an independent appraisal or CMA showing property's true value at time of sale
Compare agent's pricing to comparable sales (comps) from that period
Show agent's conflict of interest (e.g., pushed low price for quick sale and fast commission)
Document any pressure or misrepresentations ("This is the best we can do," "Market is falling, take this offer now")
Dual Agency and Conflict Evidence
📜 Agency disclosure forms: Were you clearly informed of dual agency and did you consent in writing?
📧 Communications showing favoritism: Agent urged you to accept low offer, disclosed your bottom line to other side, etc.
💰 Financial ties: Agent steered you to affiliated lender/title/inspector; agent or family purchased property; kickback arrangements
Organizing Your Evidence
Create a chronological timeline with key events:
Date
Event
Evidence
Jan 15
First showing; agent said "no foundation issues"
Email summary, your notes
Feb 1
Accepted offer; received TDS (no mention of cracks)
Purchase agreement, TDS
Feb 20
General inspection revealed foundation cracks; agent said "cosmetic, no big deal"
Inspection report, email from agent
March 5
Closed escrow
Closing docs
April 10
Structural engineer report: major foundation failure, $80K repair
Engineer report, estimate
🎯 Key Evidence Strategy: You need to prove (1) what the agent knew or should have known, (2) what the agent told you (or failed to tell you), and (3) the resulting harm and damages. Organize evidence by these three elements, and your demand letter (and potential lawsuit) will be much stronger.
📝Demand Letter Templates
Template 1: Failure to Disclose Material Defects
[Your Name]
[Your Address]
[City, State ZIP]
[Email]
[Phone]
[Date]
[Agent's Name]
[Broker's Name / Brokerage Firm]
[Address]
[City, State ZIP]
RE: Demand for Compensation – Failure to Disclose Material Defects / Negligent Misrepresentation – Property at [Property Address]
Dear [Agent and Broker]:
I am writing to demand compensation for significant financial harm resulting from your failure to disclose material defects and negligent misrepresentation in connection with my purchase of the property located at [Property Address] (the "Property").
SUMMARY OF TRANSACTION
On [Closing Date], I purchased the Property for $[Purchase Price]. You, [Agent Name], served as [my buyer's agent / the listing agent / dual agent representing both parties]. Your supervising broker is [Broker Name] of [Brokerage Firm].
During the transaction, you owed me a duty under California Civil Code § 2079 to conduct a reasonably competent and diligent visual inspection of the Property and to disclose all facts materially affecting its value or desirability. You also owed me fiduciary duties of care, integrity, honesty, and loyalty under Civil Code § 2079.16.
MATERIAL DEFECTS YOU FAILED TO DISCLOSE
After closing, I discovered the following serious defects that materially affect the Property's value and habitability:
**[Describe defects in detail, e.g.:]**
• **Major foundation damage:** Extensive cracking and settlement in the foundation, causing structural instability and requiring repair estimated at $80,000 (attached Structural Engineer Report, Exhibit A, and Contractor Estimate, Exhibit B).
• **Prior water intrusion and mold:** Hidden water damage in walls and subfloors, with active mold growth requiring remediation ($25,000 estimate, Exhibit C). Water stains and musty odors were visible and detectable during showings.
• **Unpermitted additions:** The [master bedroom addition / garage conversion] was constructed without permits and does not meet code, creating safety hazards and potentially requiring removal or costly retrofitting ($15,000–$40,000 estimated, per contractor consultation).
**TOTAL DAMAGES: $[Total Amount]**
YOUR KNOWLEDGE AND BREACH OF DUTY
You knew or should have known about these defects for the following reasons:
1. **Visual Inspection Failures (CC § 2079):** The foundation cracks, water stains, and odors were plainly visible and detectable during your walkthroughs of the Property. A reasonably competent agent conducting a diligent visual inspection would have discovered and disclosed these issues. Your failure to do so breaches your statutory duty under § 2079.
2. **Actual Knowledge:** [If applicable, provide evidence, e.g.:]
• You previously listed this Property in [Year], and the MLS listing from that time noted "foundation repairs needed" (Exhibit D).
• Emails between you and the seller discuss the water intrusion and repairs (Exhibit E).
• You verbally acknowledged seeing the cracks during our walkthrough but told me they were "cosmetic and not a concern."
3. **Misrepresentation:** When I specifically asked about the foundation and water issues during our [Date] showing, you stated, "There are no foundation or water problems." This statement was false and materially influenced my decision to purchase.
RELIANCE AND DAMAGES
I relied on your representations and your duty to disclose material facts. Had you disclosed the true condition of the Property, I would not have purchased it, or I would have negotiated a substantially reduced price to account for the necessary repairs.
As a direct result of your negligence and misrepresentation, I have suffered the following damages:
• Cost to repair foundation: $80,000
• Mold remediation: $25,000
• Unpermitted addition correction: $15,000–$40,000 (conservatively $20,000)
• Diminution in property value: $[Amount based on appraisal or estimate]
• Costs of investigation and expert reports: $[Amount]
• **TOTAL: $[Sum]**
LEGAL BASIS
Your conduct constitutes:
1. **Negligence:** Breach of the duty of care owed to me as your client, including failure to conduct adequate visual inspection and failure to disclose material facts.
2. **Negligent Misrepresentation:** False statements about the Property's condition made without reasonable grounds and with intent that I rely on them.
3. **Breach of Fiduciary Duty (CC § 2079.16):** Failure to exercise utmost care, integrity, and honesty in representing my interests.
4. **Violation of Licensing Laws (Bus. & Prof. Code §§ 10176, 10177):** Substantial misrepresentation, failure to disclose material facts, and negligence in performance of licensed duties.
DEMAND
I demand payment of $[Total Amount] within thirty (30) days to compensate me for the repair costs and damages caused by your breaches of duty.
Please forward this letter to your Errors & Omissions (E&O) insurance carrier immediately, as this constitutes notice of a claim.
CONSEQUENCES OF NON-COMPLIANCE
If you fail to respond with a reasonable settlement offer within 30 days, I will pursue all available remedies, including:
• Filing a civil lawsuit for negligence, negligent misrepresentation, breach of fiduciary duty, and fraud, seeking full compensatory damages, costs, and attorney fees to the extent recoverable
• Filing a complaint with the California Department of Real Estate alleging violations of Business & Professions Code §§ 10176 and 10177, which may result in disciplinary action against your license
• [If dual agency or other aggravating factors:] Seeking punitive damages for willful or fraudulent conduct
I prefer to resolve this matter through your E&O insurance without litigation. However, I am fully prepared to protect my rights in court if necessary.
RESPONSE REQUESTED
Please contact me within ten (10) days at [Phone] or [Email] to acknowledge receipt of this demand and provide your insurance information and claims contact.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
Exhibit A – Structural Engineer Report
Exhibit B – Foundation Repair Estimate
Exhibit C – Mold Remediation Estimate
Exhibit D – [Prior MLS Listing / Communications / Other Evidence]
Exhibit E – [Additional Evidence]
cc: [Brokerage Firm] (if different address)
[E&O Insurance Carrier, if known]
Template 2: Dual Agency Breach / Conflict of Interest
[Your Name]
[Your Address]
[City, State ZIP]
[Email]
[Phone]
[Date]
[Agent's Name]
[Broker's Name / Brokerage Firm]
[Address]
[City, State ZIP]
RE: Demand for Compensation – Breach of Fiduciary Duty and Undisclosed Dual Agency Conflict
Dear [Agent and Broker]:
I am writing to demand compensation for financial harm caused by your breach of fiduciary duty, undisclosed conflicts of interest, and violation of dual agency rules in connection with my [purchase/sale] of the property at [Property Address].
DUAL AGENCY AND CONFLICT
During the transaction, you, [Agent Name], represented both me (the [buyer/seller]) and [Other Party] (the [seller/buyer]) in what is known as "dual agency." While dual agency is legal in California if properly disclosed and consented to, you failed to comply with the legal requirements and breached your duties to me in the following ways:
**1. Inadequate Disclosure and Consent**
You did not provide clear, written disclosure of the dual agency relationship prior to my signing the purchase agreement. [Alternatively: You provided a generic disclosure form buried in a stack of documents without explaining the implications or obtaining my informed consent.]
California Civil Code § 2079.17 requires written disclosure and informed consent from both parties. Your failure to comply with this requirement voids the dual agency and renders you liable for any resulting harm.
**2. Favoring the Other Party**
Despite representing both parties, you consistently favored [Other Party's] interests over mine:
• You disclosed my [bottom-line price / maximum offer / motivation to close quickly] to the other party without my permission (evidenced by [email/conversation summary, Exhibit A]).
• You pressured me to [accept a low offer / raise my offer / waive inspection contingencies] to close the deal quickly, prioritizing your commission over my interests.
• You failed to present competing offers or negotiate aggressively on my behalf.
These actions violate your fiduciary duty of loyalty and the requirement to treat dual agency clients fairly and impartially.
**3. Undisclosed Financial Interest**
[If applicable:] I have discovered that you [or your family member] had a financial interest in the transaction that you did not disclose:
• [E.g., "You referred me to ABC Title Company without disclosing that you receive referral fees from them."]
• [E.g., "You steered me to XYZ Mortgage without disclosing that your spouse works there and you benefit from the referral."]
• [E.g., "Your brokerage purchased the property from the seller shortly after I backed out, then resold it at a profit."]
This constitutes a conflict of interest and breach of fiduciary duty.
DAMAGES
As a result of your breaches, I suffered the following harm:
• [If buyer:] I overpaid by approximately $[Amount] because you disclosed my maximum offer to the seller and failed to negotiate on my behalf. A competent, loyal agent would have achieved a price of $[Lower Amount] based on comparable sales and seller's motivation.
• [If seller:] I sold for $[Amount] less than market value because you pressured me to accept a low offer and failed to market the property adequately or present competing interest.
• [Other damages:] I waived inspection contingencies at your urging and later discovered $[Amount] in repair costs that I could have negotiated or walked away from.
**TOTAL DAMAGES: $[Amount]**
LEGAL BASIS
1. **Breach of Fiduciary Duty (CC § 2079.16):** You failed to exercise utmost care, loyalty, and honesty, and prioritized the other party's interests (or your own commission) over mine.
2. **Violation of Dual Agency Rules (CC § 2079.17):** Failure to provide proper written disclosure and obtain informed consent; failure to treat both parties fairly.
3. **Fraud and Concealment:** Undisclosed conflicts of interest and material misrepresentations.
4. **Licensing Violations (Bus. & Prof. Code § 10176(d)):** Acting for more than one party without full knowledge and consent of all parties.
DEMAND
I demand payment of $[Total Amount] within thirty (30) days to compensate me for the financial harm caused by your breaches of duty.
Forward this letter to your E&O insurance carrier immediately.
CONSEQUENCES OF NON-COMPLIANCE
If you refuse to provide fair compensation, I will:
• File a civil lawsuit for breach of fiduciary duty, fraud, and violation of dual agency laws, seeking compensatory and punitive damages, plus attorney fees
• File a complaint with the California Department of Real Estate, seeking disciplinary action against your license for violations of Business & Professions Code § 10176(d)
• [If applicable:] Report the undisclosed referral fee / kickback arrangement to relevant authorities
Dual agency cases with clear evidence of favoritism or undisclosed conflicts frequently result in significant verdicts and settlements. I have strong evidence and am prepared to litigate if necessary.
Please contact me within ten (10) days at [Phone] or [Email].
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
Exhibit A – [Emails / Communications Showing Favoritism or Disclosure of Confidential Info]
Exhibit B – [CMA or Appraisal Showing Overpayment/Underpayment]
Exhibit C – [Other Evidence]
👨⚖️Legal Assistance for Real Estate Agent & Broker Disputes
✅ When to Hire an Attorney: Real estate agent disputes often involve significant damages (tens or hundreds of thousands), complex proof requirements, and well-insured defendants. An attorney can navigate the claims process, negotiate with insurance adjusters, and litigate if necessary.
How I Can Help
I represent clients in disputes with real estate agents, brokers, and brokerage firms:
📂 Case evaluation and evidence review: Analyze transaction documents, disclosures, and communications to assess liability and damages
📝 Demand letter drafting: Professional letters citing CC §§ 2079, 2079.16, and B&P Code violations, triggering E&O insurance review
🤝 Insurance claim negotiation: Negotiate with E&O carriers and defense counsel to achieve settlement
🔍 Expert coordination: Retain structural engineers, appraisers, and real estate expert witnesses to prove defects and damages
⚖️ Litigation: File and prosecute claims for negligence, breach of fiduciary duty, fraud, and misrepresentation
🏛️ DRE complaints: Assist with filing regulatory complaints for licensing violations as leverage or parallel remedy
💰 Rescission actions: In fraud/misrepresentation cases, seek to unwind the transaction and recover purchase price
Typical Fee Structures
$450Flat fee for demand letter drafting
Demand letter: Flat fee $450
Hourly: $240/hr for complex cases or where damages are unclear
Contingency: 33-40% of recovery (no fee if no recovery)
What to Bring to a Consultation
Purchase agreement and all addenda
Listing agreement and/or buyer agency agreement
All disclosure packages (TDS, AVID, NHD, SPQ, HOA, inspections)
MLS listing printouts and marketing materials
Emails, texts, and communications with agent/broker
⚠️ Subjective or minor defects ("I don't like the neighborhood")
⚠️ Issues disclosed but buyer didn't read or understand disclosures
⚠️ Damages are speculative or hard to prove
⚠️ Agent followed standard practices and made reasonable recommendations
⚠️ Buyer's own inspector found issues but buyer proceeded anyway
💡 Settlement Reality: Most real estate agent disputes settle once the E&O carrier gets involved. Insurance companies prefer to pay reasonable claims rather than litigate. A well-crafted demand letter with strong evidence often achieves settlement in the $20K–$100K range without filing suit. If the case goes to litigation, settlement leverage increases significantly.
Schedule a Consultation
I offer a 30-minute initial consultation to review your transaction, assess liability and damages, and discuss your options (demand letter, insurance claim, litigation, DRE complaint). Use the calendar below to book a time.
I respond to all inquiries within one business day. Let's hold your agent accountable and recover the compensation you deserve.
Real Estate Agent and Broker Disputes
Real estate agents and brokers owe fiduciary duties to their clients. When they breach these duties—through misrepresentation, failing to disclose defects, or prioritizing commissions over client interests—you may have claims for damages. A demand letter is the first step toward resolution.
Common Agent Violations
Failure to disclose — Not revealing known defects or issues
Dual agency problems — Representing both sides without disclosure
Commission disputes — Charging unauthorized or excessive fees
Misrepresentation — False statements about property condition or value
Breach of fiduciary duty — Putting own interests above client's
What You Can Recover
Refund of commission — For breach of duty
Repair costs — For undisclosed defects
Difference in value — Between represented and actual condition
Consequential damages — Related losses from the breach
Escalation Options
File a complaint with your state real estate commission—they can discipline the agent's license. Agents carry errors and omissions insurance that may cover claims. Brokerages may be liable for their agents' conduct. Small claims court works for smaller disputes.