10 Common Legal Issues Realtors Face

One in five real estate agents can face a legal issue yearly.  Only $49/month gives you 24/7 legal help for all the challenges you may face in these new times.

Here are just 10 Common Legal Issues Realtors Face.

1. Misrepresentation or Non-Disclosure

  • Issue: Realtors may provide inaccurate information or fail to disclose property defects, zoning restrictions, or legal encumbrances.
  • Client Actions:
    • File lawsuits for fraud or negligence.
    • Seek financial damages for repairs or lost value.
    • Cancel the purchase agreement or rescind the sale.
  • How LegalShield Can Help:
    • Advise on proper disclosure requirements.
    • Review contracts to ensure compliance.
    • Defend realtors against misrepresentation claims in court.

2. Breach of Contract

  • Issue: Failing to meet the terms of agreements, such as not advertising a property effectively or missing deadlines.
  • Client Actions:
    • Sue for breach of contract and financial damages.
    • File complaints with real estate licensing boards.
  • How LegalShield Can Help:
    • Review agreements to mitigate risks.
    • Represent realtors in breach of contract disputes.
    • Help negotiate settlements to avoid lengthy litigation.

3. Dual Agency Conflicts

  • Issue: Representing both buyer and seller in a transaction can lead to conflicts of interest, especially if terms aren’t disclosed.
  • Client Actions:
    • Accuse the realtor of bias or failure to protect interests.
    • File ethics complaints or pursue lawsuits.
  • How LegalShield Can Help:
    • Provide guidance on proper dual agency disclosures.
    • Defend against ethics complaints.
    • Represent realtors in legal disputes involving conflicts of interest.

4. Discrimination Claims

  • Issue: Realtors may be accused of violating Fair Housing laws, such as steering clients based on race, religion, familial status, or other protected characteristics.
  • Client Actions:
    • File complaints with the Department of Housing and Urban Development (HUD).
    • Initiate lawsuits for discrimination or emotional harm.
  • How LegalShield Can Help:
    • Offer training on Fair Housing compliance.
    • Assist in responding to HUD complaints.
    • Defend realtors in lawsuits or regulatory investigations.

5. Commission Disputes

  • Issue: Disagreements over commission splits, non-payment of fees, or exclusive agreements.
  • Client Actions:
    • Refuse to pay commissions.
    • Sue for contract violations.
    • File complaints with professional boards.
  • How LegalShield Can Help:
    • Draft or review commission agreements to prevent disputes.
    • Negotiate or mediate disputes between parties.
    • Represent realtors in arbitration or court proceedings.

6. Property Boundary or Title Disputes

  • Issue: Disputes may arise over unclear property boundaries, encroachments, or undisclosed title issues.
  • Client Actions:
    • File lawsuits for damages or to force boundary adjustments.
    • Seek compensation for title insurance or legal fees.
  • How LegalShield Can Help:
    • Provide advice on boundary and title laws.
    • Review title documents to identify potential issues.
    • Represent realtors in litigation involving boundary or title disputes.

7. Failure to Protect Confidential Information

  • Issue: Leaking client information, such as financial data or transaction details, may lead to claims of privacy violations.
  • Client Actions:
    • File lawsuits for negligence or breach of confidentiality.
    • Report the realtor to licensing boards.
  • How LegalShield Can Help:
    • Offer legal guidance on privacy laws.
    • Assist in drafting confidentiality agreements.
    • Provide representation if accused of breaching client privacy.

8. Marketing or Advertising Violations

  • Issue: Misleading advertising, such as exaggerating property features or using unlicensed materials, may lead to legal or regulatory actions.
  • Client Actions:
    • File complaints with advertising boards or real estate commissions.
    • Pursue lawsuits for deceptive practices.
  • How LegalShield Can Help:
    • Review marketing materials for legal compliance.
    • Provide defense against claims of false advertising.
    • Negotiate resolutions with regulatory bodies.

9. Negligence in Property Management

  • Issue: Realtors managing rental properties may fail to address tenant complaints, maintain the property, or comply with landlord-tenant laws.
  • Client Actions:
    • Sue for negligence, property damage, or financial losses.
    • File complaints with housing authorities.
  • How LegalShield Can Help:
    • Offer advice on landlord-tenant regulations.
    • Draft or review property management agreements.
    • Defend against lawsuits or regulatory complaints.

10. Errors in Transaction Documentation

  • Issue: Errors in purchase agreements, closing documents, or lease contracts can delay or jeopardize transactions.
  • Client Actions:
    • Sue for financial losses or damages.
    • Cancel the transaction or refuse to proceed.
  • How LegalShield Can Help:
    • Review transaction documents for accuracy.
    • Assist in resolving disputes caused by documentation errors.
    • Defend realtors in court if errors lead to litigation.

How LegalShield Can Assist Realtors Across All Areas

  • Legal Advice On-Demand: Immediate access to experienced attorneys for guidance on compliance and risk prevention.
  • Document Review Services: Ensure all contracts, disclosures, and agreements meet legal standards.
  • Representation in Disputes: Defend realtors in lawsuits, regulatory investigations, or arbitration.
  • Proactive Risk Management: Help avoid issues through proper documentation, disclosures, and marketing practices.
  • Affordable Legal Support: Provide comprehensive legal protection at a predictable monthly cost.
  • 24/7 Legal Advice: Realtors can consult attorneys on urgent legal matters anytime.
  • Proactive Education: Access resources and legal advice to prevent common pitfalls.

By partnering with LegalShield, realtors can handle these challenges confidently while safeguarding their reputation and business.

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