Common Violations in Agency Law

In this course we’ll discuss situations where agency can go wrong. Violations of agency duties (negligence, misrepresentation, and breaches of fiduciary duty) comprise the vast majority of claims against errors and omissions insurance policies. The same holds true for civil actions brought against real estate licensees by the public. Often these claims involve undisclosed personal interest in a transaction, or putting the agent’s interest ahead of those of the client. If the claims are found to be viable, they can result in fines, suspension, and even jail time for the responsible agent. Agent-to-agent complaints often cite anti-trust violations, a federal crime with stiff penalties that include fines of up to $1 million and prison sentences up to 10 years. The DOS now publishes online the negotiated settlements when a licensed New York State broker or salesperson has violated state licensing law. This section is designed to help you understand the types of violations that occur and how to keep yourself off that list.