Was A Jury Used In Stock-Purchase Agreement Lawsuit For Facebook Determining Whether a Broker Fell Below the Standard of Care Pursuant to Arizona Real Estate Law

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Determining Whether a Broker Fell Below the Standard of Care Pursuant to Arizona Real Estate Law

One of the first steps in determining liability in any professional negligence case is to establish a standard of care. This is true in the case of Arizona real estate brokers.

When a real estate broker is sued in Arizona, a jury or judge will decide whether the broker’s actions and/or omissions fell short of the standard of care. This decision is based on the evidence presented in court, including relevant documents and testimony.

The standard of care itself is usually established by expert testimony from industry professionals who are qualified to make such judgments. Therefore, a plaintiff seeking to recover from an Arizona real estate broker must offer persuasive testimony from another broker or other qualified expert that the broker being sued did not act reasonably.

The easiest way to understand the standard of service is to ask if the broker failed to use the skill, judgment and diligence that other Arizona real estate brokers typically use.

Of course, even if the broker is found to have breached the standard of care, the plaintiff must also show that he or she also suffered compensable harm. Such damages are generally equivalent to the amount of money lost by the plaintiff as a result of the broker’s wrongful conduct.

If you are an Arizona real estate broker and are facing a claim that you have breached the standard of service, or if you believe you have a claim against the broker, you should seek the advice of an experienced real estate attorney as soon as possible in Arizona.

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