Real Estate Agent Misconduct: Can I Sue My Agent for Professional Negligence?

Professional negligence, in this context, is defined as the failure by a real estate professional — or of a real estate practice — to exercise reasonable care and skill when performing their duties. If you have suffered a personal injury because of a landlord, estate agent, or building manager’s negligence, you may qualify to file a claim if they did not:

• Disclose known property defects.
• Perform regular inspections to maintain premises safety.
• Implement preventive measures to avoid accidents.
• Promptly address defects within a reasonable period.

If your real estate agent’s negligent, incompetent, and/or deceptive conduct has resulted in loss (whether financial, physical or emotional), you likely have grounds to pursue professional negligence compensation. The compensation you’re entitled to depends on three main factors:

1. The nature of your injury or loss: (i.e., psychological harm, physical harm, financial loss, etc).
2. The extent of your injury or loss: (i.e., a partial impairment or a permanent impairment).
3. State-specific legislation.

As a general framework, compensation falls into two overarching categories: economic damages and non-economic damages.

Compensation for economic damages refers to the reimbursement — either periodic or lump sum, depending on the case — that covers the financial losses directly related to the negligence. This could include the costs associated with loss of income, future earning potential, additional living expenses, past and future medical expenses, and repair costs for property damage.

Non-economic damages are what your solicitor may refer to as ‘pain and suffering’ compensation. This form of payment covers the psychological distress, loss of enjoyment of life, and other emotional impacts that — while they don’t have a direct financial cost associated with them — significantly affect the claimant’s quality of life.

Notably, if the agent’s actions were particularly reprehensible and egregious, you may be entitled to punitive damages — a form of compensation intended to punish the wrongdoer and deter similar conduct in the future.