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ARTICLE · 12 JANUARY 2023

The Duty Your Real Estate Agent Owes You

Most real estate transactions, whether you are a business owner entering a commercial lease, or a family purchasing a home, you are almost certainly using a real estate agent.

CanadaReal Estate and Construction

Most real estate transactions, whether you are a business owner entering a commercial lease, or a family purchasing a home, you are almost certainly using a real estate agent. All real estate agents owe their clients a duty of care. This duty requires the real estate agent to act in a way that is usual or necessary for the ordinary or proper performance of their duty as a real estate agent.1 The duties owed by the real estate agent will depend on the specific circumstances of each real estate transaction. The remedy for a real estate agent's breach of their duty of care is damages based on the loss sustained by their client caused by the breach.2

For example, a real estate agent has a duty to disclose important facts to their clients when they are purchasing a property.3 In one case, a real estate agent knew that his clients required a home with four bedrooms. The agent showed his clients a three-bedroom home that was staged to show four bedrooms. One of the rooms

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