📋 Descripción General: Agent Negligencia Claims

Real estate agents in California owe significant duties to their clients and, in some cases, to all parties in a transaction. When agents fail to meet these obligations through negligent conduct, declaración falsa, or breach of fiduciary duty, they can be held responsable for resulting daños. This guide covers claims against both listing agents and buyer's agents, as well as their supervising brokers.

Cuándo Usar Esta Guía

Use this guide if your real estate agent or their broker engaged in any of the following misconduct:

🔍 Negligent Inspección

Agent failed to conduct required visual inspección or missed obvious defects under código civil 2079

🔒 Failure to Disclose

Agent knew of material facts affecting property value but failed to disclose them to you

⚖ Breach of Fiduciary Duty

Agent put their own interests or another party's interests above yours

⚠ Dual Agency Conflicts

Agent represented both buyer and seller without proper disclosure or while favoring one party

👍 Lo Que Puede Recuperar in Agent Negligencia Cases

  • Actual daños - Cost to reparación defects, price differential, lost value
  • Consequential daños - Moving costs, temporary housing, lost rental income
  • Rescisión - Undo the transaction in cases of fraude or material breach
  • Abogado fees - If purchase contract contains fee provision
  • DRE discipline - License suspension or revocation for the agent

Common Agent Negligencia Scenarios

🔍 Failed Visual Inspección (código civil 2079)

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California código civil 2079 requires listing agents and buyer's agents to conduct a "reasonably competent and diligent visual inspección" of accessible areas of the property. This means agents must personally inspect the property and disclose any observable defects. Common failures include missing water stains, foundation cracks, roof damage, unpermitted additions, or other visible issues that would alert a reasonably observant person to problems.

🔒 Failure to Disclose Known Facts

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Agents must disclose all material facts they know or should know that affect the property's value or desirability. This includes information learned from el vendedor, observed during showings, or discovered through neighborhood knowledge. If an agent learns about problems (flooding, neighbor disputes, planned construction, crime) they must disclose this information regardless of whether el vendedor disclosed it.

⚖ Breach of Fiduciary Duty

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Real estate agents owe fiduciary duties to their clients including loyalty, full disclosure, confidenciality, obedience, reasonable care, and accounting. Breaches include: encouraging a buyer to overbid, failing to present all offers to a seller, disclosing client negotiating strategies to the other party, recommending service providers for kickbacks, or prioritizing commission over client interests.

⚠ Dual Agency Violacións

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Dual agency (representing both buyer and seller) is legal in California but requires written disclosure and consent from both parties. Even with consent, dual agents must treat both parties fairly and cannot favor one over the other. Common violacións include: failing to disclose dual agency, encouraging buyer to pay more than necessary, not presenting all offers equally, or sharing confidencial negotiating information.

📝 Declaración Falsa

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Agents can be responsable for both intentional and negligent declaración falsa. This includes false statements about property condition, square footage, lot size, zoning, HOA restrictions, neighborhood issues, or comparable sales. Even repeating false information from el vendedor without verification can create responsabilidad if the agent should have known it was false or could have easily verified it.

⚠ Time Limits Apply

California has a 2-year prescripción for professional negligencia claims against real estate agents (Code of Civil Procedure 339). For fraude claims, you have 3 año(s) desde discovery. The DRE accepts demandas up to 3 años after the transaction. Do not delay in taking action.

💰 Calcule Sus Daños

In agent negligencia cases, puede recuperar daños to compensate you for harm caused by the agent's misconduct. Here are the categories of recuperación available under California law.

Category Descripción
Benefit of the Bargain Difference between property value as represented and actual value
Cost of Reparaciones Reasonable cost to reparación undisclosed defects agent should have found
Out-of-Pocket Losses Inspección costs, temporary housing, storage, moving expenses
Lost Profits For sellers: difference between actual sale price and fair market value
Daños Consecuentes Lost rental income, financing costs, opportunity costs
Honorarios de Abogado If purchase contract has abogado fee provision (most CAR forms do)

📊 Ejemplo de Cálculo de Daños

Example: Agent Failed to Disclose Foundation Issues

Foundation reparación costs $45,000
Engineering and permit fees $8,500
Temporary relocation (6 weeks) $4,200
Post-purchase inspección fees $1,800
Diminished value stigma $25,000
Storage during reparaciones $1,500
TOTAL DAMAGES $86,000

Special Daños for Dual Agency Violacións

If a dual agent favored the other party, usted puede tener derecho a:

  • For buyers: The amount you overpaid compared to what you should have paid with proper representation
  • For sellers: The difference between your actual sale price and what you could have obtained with loyal representation
  • Commission reembolso: The agent's commission, as they did not earn it through faithful service

💰 E&O Seguro Provides Recuperación

California brokers están obligados a have Errors & Omissions (E&O) seguro, which covers negligencia claims. This means there is typically seguro money available to pay your daños, making recuperación more likely than suing an uninsured individual.

✅ Lista de Evidencias

Gather these documents and evidencia before sending your carta de demanda. Click to check off items as you collect them.

📄 Transaction Documents

  • ✓ Listing agreement (if you were el vendedor)
  • ✓ Buyer representation agreement
  • ✓ Purchase agreement and all addenda
  • ✓ Agency disclosure form (AD)

📝 Disclosure Documents

  • ✓ Transfer Disclosure Statement (TDS)
  • ✓ Agent Visual Inspección Disclosure (AVID)
  • ✓ Seller Property Questionnaire (SPQ)
  • ✓ Natural Hazard Disclosure (NHD)

🔍 Inspección Reports

  • ✓ Pre-purchase home inspección report
  • ✓ Pest/termite inspección report
  • ✓ Post-purchase inspección documenting defects
  • ✓ Specialist reports (structural, mold, electrical)

💬 Comunicaciones

  • ✓ All emails with your agent
  • ✓ Text messages and voicemails
  • ✓ Written notes from conversations
  • ✓ Marketing materials and MLS listing

👤 Agent/Broker Information

  • ✓ Agent's full name and DRE license number
  • ✓ Broker's name and DRE license number
  • ✓ Brokerage company name and address
  • ✓ DRE license verification printout

💰 Daños Documentation

  • ✓ Reparación estimates from licensed contratistas
  • ✓ Paid invoices for completed reparaciones
  • ✓ Photos/videos documenting defects
  • ✓ Receipts for consequential costs

💡 Verify DRE License Status

Visit the California Department of Real Estate website at dre.ca.gov and use the license lookup tool to verify your agent's and broker's license status, disciplinary history, and current brokerage affiliation. Imprimir this information for your records.

📝 Texto Modelo

Copiar and customize these paragraphs for your carta de demanda. Each addresses a specific type of agent negligencia.

Failure to Disclose Known Defects
You breached your duty of disclosure by failing to inform me of material facts you knew or should have known about the property. Específicamente, [describe what agent knew - e.g., "you were aware of the recurring flooding in the basement as evidenciad by your prior listing of this property in 2019 where the disclosure mentioned water intrusion"]. Despite this knowledge, you failed to disclose this information on the Agent Visual Inspección Disclosure or otherwise inform me of this condition. Under California código civil section 2079 and the common law duty of disclosure, you were obligated to disclose all material facts affecting the property's value or desirability that were known to you. Your failure to do so constitutes professional negligencia and breach of fiduciary duty.
Negligent Inspección (código civil 2079)
You failed to conduct a reasonably competent and diligent visual inspección of the property as required by California código civil section 2079. A proper visual inspección would have revealed [describe obvious defects - e.g., "the significant water staining on the ceiling of the master bedroom, the visible cracks in the foundation accessible from the crawl space, and the obvious signs of termite damage to the exterior trim"]. These conditions were readily observable upon reasonable inspección, yet your Agent Visual Inspección Disclosure failed to note any of these material defects. As established in Easton v. Strassburger and codified in código civil 2079, you owed a duty to conduct a competent visual inspección and disclose all facts revealed by that inspección. Your failure to do so constitutes negligencia per se.
Breach of Fiduciary Duty
As my agent, you owed me fiduciary duties of loyalty, full disclosure, confidenciality, obedience, reasonable care, and accounting. You breached these duties by [describe breach - e.g., "recommending I increase my offer by $50,000 when you knew el vendedor had already accepted my original offer, thereby causing me to pay significantly more than necessary" OR "failing to present my counteroffer to el vendedor while secretly informing the competing buyer of my offer amount" OR "recommending your brother-in-law's construction company without disclosing your financial relationship"]. Your conduct demonstrates that you prioritized your own interests over mine in violación of your fiduciary obligations under California law. See Field v. Century 21 Klowden-Forness Realty (1998) 63 Cal.App.4th 18.
Dual Agency Conflicts
You acted as a dual agent in this transaction, representing both el comprador and seller. While dual agency is permitted in California with proper disclosure and consent under código civil 2079.16, a dual agent owes fiduciary duties to both parties and cannot favor one party over another. You violated your dual agency obligations by [describe violación - e.g., "advising el comprador of my minimum acceptable price, which you learned in confidence as my listing agent" OR "failing to disclose to me as buyer that el vendedor would have accepted $40,000 less than my offer" OR "encouraging me to waive the inspección contingency to help el vendedor close quickly, without considering my interests"]. This conduct breached your fiduciary duties to me and violated the standards for dual agency representation. See Huijers v. DeMarrais (1992) 11 Cal.App.4th 676.
Declaración Falsa
You made material declaración falsas that induced me to [purchase this property / sell this property at the stated price]. Específicamente, you represented that [describe declaración falsa - e.g., "the property was 2,400 square feet when it was actually only 1,950 square feet" OR "the roof was replaced in 2020 when in fact it was the original 1985 roof" OR "there were no known issues with the septic system when you knew el vendedor had the system pumped three times in the prior year due to failures"]. I reasonably relied on these representations in making my decision, and suffered daños as a direct result. Under California law, you are responsable for both negligent and intentional declaración falsa. See Wilson v. Century 21 Great Western Realty (1993) 15 Cal.App.4th 298.

📄 Carta de Demanda Completa de Ejemplo

Below is a complete carta de demanda template. Replace all bracketed placeholders with your specific information.

California Real Estate Agent Negligencia Carta de Demanda

[YOUR NAME] [YOUR ADDRESS] [CITY, STATE ZIP] [YOUR EMAIL] [YOUR PHONE] [DATE] VÍA CORREO CERTIFICADO CON ACUSE DE RECIBO [AGENT NAME], DRE License #[AGENT LICENSE NUMBER] [BROKER NAME], DRE License #[BROKER LICENSE NUMBER] [BROKERAGE NAME] [BROKERAGE ADDRESS] [CITY, STATE ZIP] RE: DEMANDA FOR DAMAGES - REAL ESTATE AGENT NEGLIGENCE Property: [PROPERTY ADDRESS] Transaction Date: [TRANSACTION DATE] Reclamación Amount: $[TOTAL DAMAGES] Dear [AGENT NAME] and [BROKER NAME]: I am writing to demand compensación for daños I suffered as a result of your professional negligencia, breach of fiduciary duty, and incumplimiento with California disclosure requirements in connection with my [purchase/sale] of the property located at [PROPERTY ADDRESS], which closed on [TRANSACTION DATE]. STATEMENT OF FACTS On [TRANSACTION DATE], I [purchased/sold] the above-referenced property. You, [AGENT NAME], served as my [buyer's agent/listing agent] in this transaction, operating under the supervision of [BROKER NAME] and [BROKERAGE NAME]. antes de closing, you provided me with the Agent Visual Inspección Disclosure (AVID) dated [AVID DATE], in which you represented that you had conducted a visual inspección of the property. [You also acted as a dual agent in this transaction, representing both el comprador and seller - include if applicable.] Following [closing/my purchase], I discovered the following material defects and issues that you failed to disclose: 1. [DESCRIBE DEFECT #1 - e.g., "Significant foundation cracking and settling, requiring $45,000 in reparaciones"] 2. [DESCRIBE DEFECT #2 - e.g., "Hidden water damage and mold contamination in the master bathroom, remediación cost $28,000"] 3. [DESCRIBE DEFECT #3 - e.g., "Unpermitted addition of the family room, requiring approximately $15,000 to bring to code"] These defects were [observable upon a reasonably competent visual inspección / known to you based on [describe how agent knew]]. FUNDAMENTO LEGAL DEL RECLAMO Your conduct violated multiple provisions of California law: 1. California código civil Section 2079: You failed to conduct a "reasonably competent and diligent visual inspección" of accessible areas of the property and disclose material facts revealed by that inspección. The defects described above were visible and observable to a reasonably competent inspector. See Easton v. Strassburger (1984) 152 Cal.App.3d 90. 2. Breach of Fiduciary Duty: As my agent, you owed me fiduciary duties of loyalty, full disclosure, and reasonable care. You breached these duties by [describe specific breach]. See Field v. Century 21 Klowden-Forness Realty (1998) 63 Cal.App.4th 18. 3. California código civil Section 1102: You failed to properly complete the Agent Visual Inspección Disclosure, omitting material defects that should have been disclosed. [If dual agency: 4. California código civil Section 2079.16: As a dual agent, you were required to treat both parties fairly and disclose all material facts to both parties. You failed to do so by [describe dual agency violación]. See Huijers v. DeMarrais (1992) 11 Cal.App.4th 676.] [BROKER NAME] is vicariously responsable for [AGENT NAME]'s conduct under Business & Professions Code section 10177(h) and the doctrine of respondeat superior. DAMAGES As a direct and proximate result of your negligencia and breach of duty, I have suffered the following daños: [REPAIR DESCRIPTION #1]: $[AMOUNT] [REPAIR DESCRIPTION #2]: $[AMOUNT] [REPAIR DESCRIPTION #3]: $[AMOUNT] Inspección and engineering fees: $[AMOUNT] Temporary housing during reparaciones: $[AMOUNT] Storage costs: $[AMOUNT] [OTHER DAMAGES]: $[AMOUNT] ___________ TOTAL DAMAGES: $[TOTAL DAMAGES] Documentation supporting these daños, including inspección reports, contratista estimates, and receipts, is available upon request. DEMANDA I hereby demand payment of $[TOTAL DAMAGES] within thirty (30) days of the date of this letter to compensate me for the daños described above. If I do not receive payment in full by [DEADLINE DATE - 30 días from letter date], I will pursue all available legal remedies, including: 1. Filing a civil demanda judicial against you and your brokerage seeking full daños, abogado fees as provided in the purchase agreement, and costs of suit; 2. Filing a demanda with the California Department of Real Estate seeking disciplinary action against your license; and 3. Reporting your conduct to the local Association of Realtors ethics committee. Please direct all communications regarding this matter to me at the address above. I am willing to discuss resolution of this matter, but absent a satisfactory response, I am prepared to pursue litigio. Atentamente, _______________________________ [YOUR NAME] Anexos: - Copiar of Purchase Agreement - Copiar of AVID - Inspección Report dated [DATE] - Reparación Estimates - [Other supporting documents] cc: [su abogado, if applicable]

⚠ Before Sending Your Letter

  • Replace ALL bracketed placeholders with your specific information
  • Review your purchase contract for mediación/arbitraje requirements
  • Enviar via correo certificado with acuse de recibo requested
  • Keep copies of everything you send
  • Consider having an abogado review your letter before sending

🚀 Próximos Pasos

Qué hacer después de enviar su carta de demanda.

Cronograma Esperado

Días 1-7

Agent/broker receives letter and forwards to E&O seguro carrier

Days 7-21

Seguro adjuster reviews reclamación and investigates

Days 21-30

Response with acuerdo offer, denegación, or request for more information

If They Don't Respond or Pay

  1. File a DRE Demanda

    File a demanda with the California Department of Real Estate at dre.ca.gov. The DRE can investigate and discipline the agent's license, which creates significant pressure to settle. You have 3 año(s) desde the transaction to file.

  2. Check for Mediación/Arbitraje Requirements

    Most CAR (California Association of Realtors) purchase contracts require mediación before litigio. Review your contract - failure to mediate first may waive your right to abogado fees.

  3. Consult a Real Estate Litigio Abogado

    Many abogados handle agent negligencia cases on contingency for claims over $50,000. The abogado fee provision in most purchase contracts means usted puede recuperar your legal costs if you prevail.

  4. File a Demanda Judicial

    Claims under $12,500 can go to Tribunal de Reclamaciones Menores. Larger claims are filed in Superior Tribunal. Name both the agent and the supervising broker as demandados to access E&O seguro coverage.

  5. File a Realtor Ethics Demanda

    If the agent is a member of the National Association of Realtors, puede presentar an ethics demanda with the local board. This can result in fines, suspension, or expulsion from the organization.

¿Necesita Ayuda Legal?

Agent negligencia cases require proving what the agent knew, should have known, or should have discovered. Get a 30-minute strategy call with an abogado to evaluate su caso.

Agendar Consulta - $125

Recursos de California

  • Depto. de Bienes Raíces de CA: dre.ca.gov - License lookup and demanda filing
  • DRE Consumer Line: 1-877-373-4542
  • DRE Demanda Form: RE 519 (available at dre.ca.gov/consumers)
  • Referencia de Abogado del Colegio de Abogados: calbar.ca.gov
  • California código civil 2079: leginfo.legislature.ca.gov
  • Local Realtor Association: For ethics demandas against NAR members

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