Tampa Realtor Malpractice Attorneys
Helping Residents in Hillsborough, Pinellas, Pasco & Sarasota Fight Realtor Malpractice
Buying a home should feel like a fresh start, but what if you later find out your property sits in a high-risk flood zone that wasn’t disclosed? Or that the local schools you were counting on for your kids are poorly rated, contrary to what you were led to believe? Add hidden structural problems to the mix, and it’s a recipe for stress and financial strain. These oversights aren’t just inconvenient—they’re a breach of trust known as realtor malpractice, and they can disrupt your life. If you believe you may be a victim of realtor malpractice, you don’t have to face it alone. At Burnett Law, we’re here to fight for clients in the Greater Tampa-Fort Lauderdale region.
Call us at (813) 491-8272 or submit a contact form for a free consultation now.
What Is the Real Estate Standard of Care?
Real estate agents in Florida are required to uphold a standard of care when representing buyers, sellers, or both in transactions. This standard isn’t just about being courteous or professional, it is a legal obligation tied to their fiduciary duties. Under Florida law, realtors must act in their clients’ best interests, providing full disclosures about known facts and remaining transparent throughout the transaction.
Florida Statutes outline specific laws that govern the behavior of real estate agents, including Chapter 475, which addresses their required duties. Additionally, the Florida Supreme Court case Johnson v. Davis (1985) set a precedent stating that a seller (or an agent acting on their behalf) must disclose material defects that could affect a property's value, particularly when the buyer cannot easily observe or identify those issues themselves.
Realtors are expected to adhere to these guidelines, faithfully representing their clients’ needs and ensuring no details are withheld that could impact the buyer’s decision. Failing to meet this standard, whether through negligence or intentional misconduct, may constitute malpractice.
Did My Tampa Realtor Fail Their Duties? Common Signs of Malpractice.
Real estate agent malpractice can take many forms, potentially leaving buyers, sellers, or renters in difficult situations. It involves negligence, improper actions, or even intentional misconduct by a realtor. Below are some key signs that might indicate your realtor has failed you.
Misrepresenting the Property’s Condition
One of the most common forms of malpractice is a realtor failing to disclose a property’s defects. Misrepresentation also extends to providing incorrect or misleading information about important factors such as school zones, neighborhood crime statistics, or even the condition and functionality of appliances included in the sale. For example, a buyer might be told a home is located within a highly sought-after school district when it’s not.
Inflating the Property’s Value
Some realtors may inflate property values to secure larger commissions or mislead buyers into overpaying. One lawsuit in Texas highlights the issue, accusing 47 real estate firms of conspiring to inflate agent commissions, driving up costs for home sellers. Such actions distort true market values and create significant financial burdens for buyers and sellers. While determining home values involves some subjectivity, egregious overestimations not supported by comparable market data should raise concerns.
What Sets Us Apart
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Experienced Attorneys Dedicated to Your SuccessWe guide clients through the complexities of their legal challenges, offering direct communication and hands-on support every step of the way.
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Free ConsultationsWe offer free consultations to evaluate your case, answer your questions, and help you understand your legal options.
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Proven Trial SuccessWe’re not afraid to take your case to court and have a strong track record of achieving favorable verdicts and settlements.
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Personalized Service and Genuine CareWe believe in doing the best job possible for every client, taking a meticulous and client-focused approach to uncover every advantage for your case.
Our Clients Come First
Real Stories, Real Results
At Burnett Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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“Mr. Josh Burnett is an amazing attorney who cares about his clients and getting them the justice they deserve.”Jennifer Z.
How Can You Prove Real Estate Agent Misconduct?
If you suspect you’ve been wronged, proving realtor misconduct requires collecting key evidence and carefully analyzing how the agent failed to meet their obligations. Here's how you can build your case:
- Establish the Standard of Care. Start by identifying the specific duties the realtor owed you under Florida law and their agreement with you. These duties could include disclosing known property defects, representing your best interests in negotiations, or providing accurate property information.
- Show the Breach. Collect evidence that demonstrates how the realtor’s actions or lack of actions violated their duties. This could involve saving emails, reviewing contracts, gathering inspection reports, or obtaining third-party testimonies.
- Link the Damage. Prove that the realtor's negligence or fraudulent behavior directly caused you harm. This harm could be financial, such as overpaying for a property, or emotional, such as the stress of dealing with undisclosed issues. An attorney can often help connect the realtor’s breach of duty to the specific losses you’ve experienced, strengthening your case.
- Find Supportive Testimony. Reach out to contractors, inspectors, or other relevant professionals who can testify about misrepresentations or hidden property defects. Their expert input can provide credibility to your claims and demonstrate how the realtor's actions fell short of professional standards.
What Compensation Can I Claim from Realtor Malpractice?
Victims of realtor malpractice can seek to recover a wide range of damages, which often depend on the specifics of the case. Some common forms of compensation include:
- Actual Damages. The direct financial losses you incurred, such as repair costs for undisclosed damages or overpayments due to property misrepresentation.
- Consequential Damages. Losses resulting from delayed disclosures, such as additional mortgage costs, temporary housing expenses, or missed chances for clients to buy or sell properties at the best terms due to a realtor's errors or unethical behavior.
- Emotional Distress. Homeownership stress caused by unexpected issues, such as structural defects, faulty installations, or undisclosed property problems, may also lead to recoverable compensation.
- Legal Fees. Many successful cases allow plaintiffs to recover costs associated with litigation.
How Burnett Law Handles Realtor Malpractice Claims
Our team is dedicated to helping Tampa residents fight for justice when realtors fail to uphold their duties. Since 1998, we’ve provided personal, tailored support for those navigating complex real estate disputes, earning the trust of thousands of clients. Below is an outline of how we approach these cases:
Evaluating the Claim
Every case begins with a free consultation where we discuss your experience and assess whether your circumstances align with potential malpractice. We aim to provide immediate clarity so you can make an informed decision moving forward.
Evidence Gathering
Our attorneys help collect contracts, disclosures, inspection records, and other related materials. We also work with industry experts to review transactions and uncover any discrepancies or omissions.
Settlement Negotiation
Before heading to court, we pursue fair settlements with the responsible party. This approach often minimizes stress and ensures quicker resolutions. However, if negotiation isn’t possible, we’re prepared to litigate your case.
Representation in Court
If your claim proceeds to litigation, we’ll represent you every step of the way, presenting your case clearly and effectively to seek maximum legal relief.
Caring Service, Real Results from Seasoned Realtor Malpractice Attorneys
Dealing with real estate agent malpractice can feel overwhelming, especially when facing well-established agencies. At Burnett Law, we’re here to level the playing field. You’re not just another case to us—you’re someone who deserves justice, understanding, and a team that truly has your back. Let us provide the support you need to stand up for what you deserve.
If you’ve been wronged by a real estate agent in Tampa, Burnett Law is ready to help. Start your case with a free consultation at (813) 491-8272 or reach out to us online.
