Legal Question in Civil Litigation in California
What acts must a California Real Estate broker engage in to overcome liable for their independent contractor real estate agent's wrongful acts(assume acts were wrongful please) in leasing a California commercial property?
4 Answers from Attorneys
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Daniel Bakondi, Esq. [email protected] 415-450-0424
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You must overcome the claim of apparent authority as if an agent appears to have the authority to do an act on behalf of the principle. then the principle is liable for that act. Contact me directly.
A broker is liable for the acts of his agents. He should obtain good insurance to protect himself from the risks and costs of claims and suits.
In plain English, the broker will be liable for the acts of the agent,unless the basis for liability is outside the scope of the agent's employment and the broker had no knowledge. An example might be that the agent committed a sexual assault and the broker had no prior knowlege of a problem. On the other hand, if the agent's misconduct is related to real estate matters, the broker - and its insurance carrier - is probably on the hook. The agent is probably not a true "independent contractor", but these are very fact-sensitive issues,
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