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If a real-estate Broker fails to supervise a salesperson in…

If a real-estate Broker fails...
If a real-estate Broker fails to supervise a salesperson in property transactions, leading to a client making losses due to lack of title searches on the properties purchased, would the potential offence be negligence or…?
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Answered in 1 day by:
3/11/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,898
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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The broker would not be doing the title search in most cases - at the very least the broker is not obligated to do a title search.

That's why people hire title companies and get title insurance.

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Customer reply replied 1 month ago
Thank you for thT oLIVIA.I understand that the broker is not obligated to do a title search.
However, where he was specifically requested to do so either himself or using a title company (it's possible without using a title company using public records) yet failed to do so, would the potential offence be negligence or…?
Thank you.
I’m afraid not. Because, again, he doesn’t have an obligation – unless perhaps if he specifically said “I will do this for you“ and then either screwed up or failed to do it entirely but told you otherwise.
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Customer reply replied 1 month ago
Indeed, he did say “I will do this for you“ & then failed to do it leading to losses.
Customer reply replied 1 month ago
Hello Olivia, What was your view on my comment above please?
"Indeed, he did say “I will do this for you“ & then failed to do it leading to losses."
Thank you.

Then that is very different. If someone takes on the obligation of doing something - something he legally is not obligated to do - and then there's damages as a result of that person not doing it then that would be a breach of an oral contract. Essentially a contract is a promise by two people to do or not do something - and he promised to do something in exchange for, it would seem, your business - and then he failed to. Or, alternatively, you might assert detrimental reliance - so even if there wasn't a contract you'd say I relied on this person's promises to my detriment and I was harmed by his failure. Does that make sense? Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Reminder: Please note this site is for general information for educational purposes only and does not constitute legal advice.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,898
Experience: Partner at Kent Law Group, LLC
Verified
Olivia Kent and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
That's very helpful. Thank you!

It was my pleasure. Thanks so much for your rating!

And if you need anything in the future and you want to reach me directly you can do so by clicking HERE
or by putting "This Question Is For Olivia" before you start typing your question.

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Customer reply replied 1 month ago
Great! Take care.
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Olivia Kent
Olivia Kent
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Category: Legal
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