Sometimes, relationships between real estate agents, brokers, and clients fall apart. These breakups can lead to public disputes and litigation. At The Enochs Law Group, we represent both industry professionals and their former clients to resolve real estate agent and broker disputes.
While we primarily focus on broker and agent defense, we also handle claims against unscrupulous and dishonest brokers. To learn more about your legal rights, contact our office and schedule an initial consultation with one of our experienced lawyers.
Contact Jon Alan Enochs Today
Common Causes of Real Estate Agent and Broker Disputes
Unwelcome surprises are the most common reasons for an agent or broker dispute. Former clients may argue they suffered harm because their agent or broker:
- Did not adequately disclose defects or problems with a property
- Failed to represent their best interests
- Misstated the terms or risks associated with a real estate transaction
Sometimes, agents and brokers make mistakes and misrepresentations. Other times, a client walks away dissatisfied even though the agent or broker did their best. At The Enochs Law Group, it’s our job to sift through the evidence, find possible solutions, and advocate for our clients.
Many disgruntled real estate buyers and their attorneys take a scattershot approach to litigation. They file claims against anyone associated with a real estate transaction, which leads to meritless claims and chaos. These disputes quickly get out of hand as parties turn on each other and try to shift blame.
Don’t fall into this trap. When you work with The Enochs Law Group, our experienced legal team will cut through the noise and identify practical solutions that protect your interests.
Aggressive Legal Representation Before the DRE
If you’re the subject of a Department of Real Estate (DRE) complaint or investigation, you may have questions about the process and your rights. Our team guides brokers, agents, and others through sensitive investigations, informal conferences, and enforcement actions.
A formal accusation can impact your livelihood, and the DRE will work with its own team of lawyers and investigators throughout the process. To protect yourself, you need an experienced defense lawyer who can prove that the complaint’s allegations are unsubstantiated and inaccurate.
Building Systems for Brokers and Agents to Minimize Client Surprise and Disputes
While some disputes can’t be avoided, real estate agents and brokers can implement best practices to reduce the risk of conflicts. At The Enochs Law Group, we frequently audit clients’ policies and procedures to look for potential issues that could lead to litigation. Once we’ve conducted the audit, we suggest improvements and refined policies that can help protect your interests and provide effective defenses during a lawsuit.
To learn more about the essentials of broker and agent recordkeeping, contact The Enochs Law Group today.
We Build Relationships on Trust and Respect
About 4 years ago a friend referred me to Alan Enoch’s for legal advice on a business matter. Alan immediately proved how valuable he would be to my business through his well thought out responses and knowledge of the law. Since that first meeting, Alan has been representing me personally, as well as 4 businesses I own. He continues to work tirelessly to ensure my entities are protected. My company interviewed many lawyers in the past before the introduction to Alan. I will put it very simply what sets Alan apart from all the others; He cares. He genuinely cares about his clients and wants the best for them. He will review each potential issue in depth to gain the knowledge to provide honest advice as to whether it is worth pursuing or not.
My advice to anyone that is looking at hiring Alan…. do it before your competition does. I want Alan on my side of the courtroom, not on the side that’s against me.
"I want to thank you for all the hard work that you've done for our company over the years. We've had small matters that were handled very quickly. We've also had large matters that needed very aggressive representation and you've represented us in a stellar manner. If you're looking for a truly aggressive law firm, someone who is going to look at your case in a thorough manner and is going to be very strategic in both the short term and long term, please call Alan Enochs."
Demanding Justice and Getting Closure for Real Estate Clients
Most real estate agents and brokers are honest, law-abiding people who strive to deliver the best results for their clients. However, there are always agents and brokers who don’t follow the rules, and San Diego businesses and homeowners who work with these agents and brokers can suffer harm. When the worst happens, the real estate lawyers at The Enochs Law Group work to help innocent people pick up the pieces.
Your Agent or Broker Owes You a Fiduciary Duty
Real estate agents and brokers owe their clients a series of critically important fiduciary duties. These duties include:
- Confidentiality: The agent or broker cannot intentionally weaken their clients’ bargaining position unless the reason involves a material disclosure like a property defect.
- Disclosure of relevant information: The agent or broker must provide their client will all pertinent information (for example, if they represented both parties to a transaction).
- Loyalty: The agent or broker must prioritize their clients’ best interests over their personal goals.
- Obedience: The agent or broker must promptly follow their clients’ demands as long as they are lawful.
- Reasonable care: The agent or broker’s conduct must reflect what a reasonably prudent agent or broker would do under the circumstances.
- Accounting: The agent or broker must safeguard their clients’ funds and provide detailed accounting for any funds allocated.
When irresponsible professionals ignore these obligations, their clients have legal options to recover compensation for the harms suffered. However, you only have a limited amount of time to file your claims. To protect your interests, you should speak with an experienced San Diego real estate lawyer as quickly as possible. Some claims have a remarkably short one-year statute of limitations.
Legal Resources and Information
Read our blog to learn more about legal issues that interest you and stay up to date on the latest developments in California real estate and business law.
If you are investing in real estate through a suspended LLC or corporation, this is a bad idea. Imagine that you have identified a fantastic real estate investment opportunity, and you have the purchase of this real estate under contract. However, before you close escrow, the seller develops sellers’ remorse. The seller tells you that unless you substantially…Read More
California legislators just passed a historic rent control bill, becoming one of a growing list of states to pass statewide rent control and other tenant protections. The bill is expected to be signed into law by Governor Gavin Newsom, who supported its passage through the legislature. Read on for details about the new law, and…Read More
If you are a landlord with residential properties, then you have probably dealt with your share of problematic tenants. You may have dealt with tenants who don’t pay rent on time, who bring in pets or long-term guests without permission, who make too much noise, etc. You may have dealt with a hoarder. Hoarding in…Read More
New Real Estate Fraud Charges Against Woman Already Accused of Multi-Million Dollar Scam Targeting Elderly Californians
Real estate ownership and management can be complicated, particularly for elderly Americans. California has several laws in place that specifically protect the elderly in property transactions in order to prevent unscrupulous parties from taking advantage by means of fraud or undue influence. A recent criminal fraud case out of Los Angeles illustrates how a deceitful…Read More
Flipping real estate, especially if you’re a relatively new investor, may entail purchasing a new property before the sale of a previous investment is complete. This may mean that funds critical to a new purchase are tied up but will soon become available. In these cases, some real estate investors opt to take out bridge…Read More
As readers of this blog know, the regulatory requirements imposed by the California Environmental Quality Act (CEQA) can increase the cost, time, and overall difficulty of real estate development. Any new exemption or other limitation on CEQA’s purview is a boon for real estate developers looking to limit cost. The California Legislature recently enacted a…Read More