Real Estate Agents & Violations of Fiduciary Duties

A real estate agent can violate their fiduciary duties in several ways, such as:

Conflict of interest: If a real estate agent puts their own interests ahead of their clients or if they engage in any activity that would benefit them at the expense of their clients, they have violated their duty of loyalty.

Concealment of information: If a real estate agent fails to disclose all material facts about the property or transaction to their clients, they have violated their duty of disclosure.

Breach of confidentiality: If a real estate agent shares their clients’ information with third parties without their clients’ consent or if they use their clients’ confidential information for their own benefit, they have violated their duty of confidentiality.

Negligence: If a real estate agent fails to exercise reasonable care and skill in representing their clients, they have violated their duty of reasonable care.

Disobedience: If a real estate agent fails to obey lawful and reasonable instructions of their clients or acts against their clients’ interests, they have violated their duty of obedience.

In short, any action or inaction by a real estate agent that harms their clients or breaches their trust can be considered a violation of their fiduciary duties. If a real estate agent is found to have violated their fiduciary duties, they may face legal and disciplinary action, including a revocation or suspension of their license and liability for damages to their clients – also including loss of their commissions.

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