So, how do we determine what the "reasonably careful" real estate professional would do? That's where the experts come in.Įach side in a litigated real estate dispute will consult with and retain one or more expert witnesses to testify at trial. You're not expected to deliver perfection but you are expected to deliver services with reasonable competence, skill and care. When a real estate professional is accused of negligence in fulfilling his duties in a transaction, his actions will be judged against the, "reasonable careful" agent in the same or similar circumstances in the particular locale where the transaction took place. This level of skill, knowledge, and care is sometimes referred to as "the standard of care." You must determine the level of skill and care that a reasonably careful real estate professional would use in similar circumstances based only on the testimony of the expert witnesses who have testified in this case." CACI 600 as modified for use in real estate cases. "A real estate professional is negligent if he fails to use the skill and care that a reasonably careful real estate professional would have used in similar circumstances. In California, the concept is best defined in a form jury instruction that is read to juries deciding a professional negligence case:
The definition of the standard of care is purposefully broad on its face. The concept equally applies to escrow agents in dealing with the parties to the escrow, insurance professionals to their policyholders, attorneys, and yes, real estate professionals. An accountant must meet the standard of care in carrying out his practice. Failure to do so is likely medical malpractice. A physician must meet the standard of care in her treatment of patients. The term the, "standard of care" is a legal concept that is generally applied to the conduct of any professional. So, what is the, "standard of care?" When must a real estate professional comply with the standard of care? How does one accused of failing to meet the standard of care defend against such claims and how does a real estate professional conduct his or her real estate business in order to not only increase the likelihood of compliance with the standard of care, but also increase the likelihood of proving compliance in the face of accusations of a breach? This article will briefly touch on each of these questions in a general fashion, considering general concepts of law, not specific to any particular state's laws. The concept of complying with the standard of care continuously comes up as a paramount subject in dealing with claims of negligent conduct by a real estate professional. Throughout your real estate career you have no doubt heard the phrase, "The standard of care." Whether in continuing education courses or perhaps in conversations with a real estate lawyer.
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