NEGLIGENCE

Like a doctor or a lawyer, a broker is a licensed professional. As such, a broker has special knowledge and skills. The broker has a duty to use those skills with care and diligence. The broker may be held liable for any failure to work diligently and skillfully for his or her client. As a rule, the special knowledge and skills, which a broker is assumed to have, are those matters, which are tested in the broker’s examination, and those professional skills held by other brokers in the community.

In Perry v. Robinson, (1988) 201 Cal. App. 3d 333, a seller sold her house. As part of the deal, she was supposed to get an interest in another property and the right to live in that property. The broker drafted the documents. He did so badly, however, so the seller did not get the interest in the other property and did not get to live in it. The broker was held liable for this.

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