Brockmeier Law Group first opened our doors in 2009, in the height of the Great Recession, when other firms were laying off workers and trying to find a way to continue the legal practices they had before the market changed. We began and continue to serve our clients with the same recipe of personalized contact and an eye towards both the recovery for each of our clients, and keeping an eye on each clients individualized goals in their cases. We handle a variety of cases and clients both in litigation and contract drafting in negotiation – so we know what it takes to get desired results for all of our clients.
The professional duties and Fiduciary Duties that California realtors owe include:
- Dealing honestly and fairly
- Accounting for all funds
- Using skill, care, and diligence in transactions
- Disclosing all known material facts of the property to potential buyers
- Not making misleading, deceptive, or fraudulent representations to potential buyers
Breach of Fiduciary Duty
In certain cases, real estate agents and brokers owe clients a fiduciary duty. A fiduciary duty requires a real estate professional to put the best interests of their clients ahead of their own interests. This high standard of care reflects the fact that agents and brokers, as compared to their clients, usually possess superior knowledge about real estate, which creates the potential to abuse their position of authority. This is a difficult area that can lead to additional issues when the Broker or the Broker’s employer acts as a “dual agent” for both the buyer and seller. When that happens, they are still required to provide all relevant information to their clients, and it can lead to significant liability for breaching these duties to the buyer.