One of the first steps in determining liability in any professional negligence claim is establishing the standard of care. This is true in the case of Arizona real estate brokers.
When a lawsuit is brought in Arizona against a real estate broker, the jury or judge will decide whether the broker’s actions and/or omissions fell below the standard of care. This decision is based on the evidence presented at trial, including relevant documents and testimony.
The standard of care itself is usually established by the expert testimony of professionals in the industry who are qualified to render such opinions. Thus, a plaintiff who seeks to recover from an Arizona real estate broker must offer the compelling testimony of some other broker, or other qualified expert, that the broker being sued failed to act reasonably.
The easiest way to understand the standard of care is to ask whether the broker failed to use the skill, prudence and diligence that other Arizona real estate brokers commonly exercise.
Of course, even if it is established that the broker violated the standard of care, the plaintiff must also show that he or she also suffered compensable damages. Such damages are generally equivalent to the amount of money lost by the plaintiff as the result of the broker’s wrongful conduct.
If you’re an Arizona real estate broker facing a claim that you violated the standard of care, or if you believe you have a claim against a broker, you should seek the counsel of an experienced Arizona real estate attorney as soon as possible.