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