When Your Broker or Agent Didn't Do Their Job, You Have Legal Options
Potier Law Group is a family-owned law firm based in Long Beach, California. Clients across real estate litigation, landlord-tenant law, probate and estate planning, business law, personal injury, and bankruptcy matters have left reviews describing their experience working directly with the firm's attorney.
Why Industry Experience Changes How We Handle These Cases
Our senior partner has practiced real property law since 1996 and brings more than 30 years of real estate industry experience to every case — including prior ownership of a real estate company and leadership of the sales department at First American Title Insurance Company. That background is not incidental. It means we understand how brokers and agents are trained, what their professional obligations require, and where the gap between what they did and what they were supposed to do actually matters under California law.
When we evaluate a broker or agent dispute, we are not reading about the industry from the outside. We know what a properly conducted transaction looks like, which makes it considerably easier to identify where yours went wrong.
A real estate transaction is one of the largest financial decisions most people make. When the broker or agent handling that transaction fails to disclose material facts, misrepresents the property, or breaches their fiduciary duty, the financial consequences can be severe — and the path to recovery requires an attorney who understands both real estate law and how the industry actually works.
Real estate broker disputes cover a wide range of professional failures. Some arise from outright misrepresentation. Others stem from a broker who prioritized closing the deal over protecting their client's interests. Common disputes we handle include:
- Failure to disclose known defects, liens, or encumbrances on the property
- Misrepresentation of square footage, zoning, or property condition
- Dual agency conflicts where the broker's divided loyalty harmed one or both parties
- Breach of fiduciary duty — a broker or agent who acted in their own interest rather than the client's
- Failure to present all offers or to advise a client of a better option
- Unauthorized practice or acting outside the scope of the agent's license
- Commission disputes between parties or between brokers at competing firms
If the conduct of a broker or agent contributed to your financial loss, that is not a matter to resolve informally. These cases require documentation, legal strategy, and, where necessary, litigation.
What Broker and Agent Disputes Actually Look Like
How California Law Governs Broker and Agent Conduct
California imposes significant legal obligations on licensed real estate professionals. Brokers and agents owe their clients a fiduciary duty — the highest standard of care recognized under the law — which requires them to act with undivided loyalty, full disclosure, and reasonable care throughout the transaction.
The California Department of Real Estate (DRE) regulates broker conduct, and violations of the Business and Professions Code can support both civil claims and license complaints. In litigation, common legal theories in real estate broker disputes include negligence, breach of fiduciary duty, fraud, and negligent misrepresentation. The facts of your transaction determine which claims apply and how strong each one is.
What to Expect When You Work With Us
We handle broker and agent disputes as part of our broader real estate litigation practice, which means the same attorney who evaluates your case can take it through trial if that's what the situation requires. There is no handoff to a separate litigation team, and no outsourcing to outside counsel.
From the initial review of your transaction documents through demand, negotiation, and, where necessary, courtroom proceedings, you work with one team. You speak directly with your attorney — not a paralegal or intake coordinator — and calls and emails are returned the same day. We are settlement-focused and cost-conscious, and we pursue litigation when a reasonable resolution isn't available, not as a default.
If you are a buyer, seller, investor, or broker involved in a dispute anywhere in the Long Beach area or across Southern California, including clients we serve in Torrance, Cerritos, Huntington Beach, and Anaheim, we are prepared to evaluate your matter and give you a clear picture of your options.
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Frequently Asked Questions About Broker and Agent Disputes
What is the most common basis for a real estate broker dispute?
Failure to disclose is the most frequently litigated issue in California broker disputes. California law requires sellers and their agents to disclose all material facts that could affect the value or desirability of a property. When a broker or agent knows of a defect — or should have known — and fails to disclose it, that omission can support a claim for negligence, fraud, or breach of fiduciary duty.Failure to disclose is the most frequently litigated issue in California broker disputes. California law requires sellers and their agents to disclose all material facts that could affect the value or desirability of a property. When a broker or agent knows of a defect — or should have known — and fails to disclose it, that omission can support a claim for negligence, fraud, or breach of fiduciary duty.Can I sue my real estate agent directly, or do I have to go after the broker?
In California, licensed real estate salespersons operate under the supervision of a licensed broker, and the broker carries legal responsibility for the agent's conduct. In most disputes, both the agent and the supervising broker are named as defendants. The specific parties involved depend on the facts of your transaction and the nature of the alleged misconduct.In California, licensed real estate salespersons operate under the supervision of a licensed broker, and the broker carries legal responsibility for the agent's conduct. In most disputes, both the agent and the supervising broker are named as defendants. The specific parties involved depend on the facts of your transaction and the nature of the alleged misconduct.What is a breach of fiduciary duty in a real estate context?
A broker or agent owes their client a fiduciary duty — a legal obligation to act in the client's best interest with loyalty, honesty, and full disclosure. A breach occurs when the agent prioritizes their own interests, withholds material information, or fails to advise the client of a material fact that a competent professional would have identified. Dual agency situations, where one broker represents both buyer and seller, are a frequent source of fiduciary duty claims.A broker or agent owes their client a fiduciary duty — a legal obligation to act in the client's best interest with loyalty, honesty, and full disclosure. A breach occurs when the agent prioritizes their own interests, withholds material information, or fails to advise the client of a material fact that a competent professional would have identified. Dual agency situations, where one broker represents both buyer and seller, are a frequent source of fiduciary duty claims.How long do I have to bring a claim against a real estate broker in California?
The applicable statute of limitations depends on the legal theory. Fraud claims generally must be filed within three years of discovery. Negligence claims typically carry a two-year period. Because the clock may start running from when you discovered — or reasonably should have discovered — the problem, it is important to speak with an attorney as soon as you identify a potential issue.The applicable statute of limitations depends on the legal theory. Fraud claims generally must be filed within three years of discovery. Negligence claims typically carry a two-year period. Because the clock may start running from when you discovered — or reasonably should have discovered — the problem, it is important to speak with an attorney as soon as you identify a potential issue.Do I need to file a complaint with the DRE as well as pursue a civil claim?
These are separate processes with separate outcomes. A DRE complaint can result in disciplinary action against the broker's or agent's license, but it does not result in financial compensation for your loss. A civil claim is the mechanism for recovering damages. You can pursue both simultaneously, and filing a DRE complaint does not preclude civil litigation. An attorney can advise you on which path or combination of paths makes sense given the facts of your case.These are separate processes with separate outcomes. A DRE complaint can result in disciplinary action against the broker's or agent's license, but it does not result in financial compensation for your loss. A civil claim is the mechanism for recovering damages. You can pursue both simultaneously, and filing a DRE complaint does not preclude civil litigation. An attorney can advise you on which path or combination of paths makes sense given the facts of your case.
Talk to a Real Estate Broker Dispute Attorney
If a broker or agent's conduct cost you money or compromised your transaction, the right next step is a direct conversation with an attorney who handles these cases regularly. We represent buyers, sellers, investors, and other parties in real estate broker disputes across Long Beach and the surrounding Southern California communities.
Contact Potier Law Group by phone, email, or through our contact form. We return calls and emails the same day, and we will give you a straightforward assessment of your matter from the start.
Call Potier Law Group:
562-986-9900
You'll hear back from an attorney — not an assistant — the same day.