With record numbers of foreclosures and the recent volatility of real estate, more brokerage disputes are being filed than ever before. For anyone involved in this type of situation, having a real estate expert is necessary to guide a client through the labyrinthine world of real estate law. A legal real estate expert witness will have a full understanding of how a brokerage firm or broker works as well as the regulations that guide their actions. Hiring a real estate consultant at the onset of the buying process will reduce the likelihood of any brokerage disputes happening as a person or organization purchases a piece of property.

The role of a real estate broker is to work with both real estate buyers and sellers to facilitate the successful sale of properties. Working for sellers, the goal of a broker is to increase the selling price as high as possible. With buyers, the opposite is true – a broker tries to negotiate the lowest price possible to the greatest advantage of the buyer. Because a real estate broker often works on both sides of the fence, it may be difficult to establish clear lines of the fiduciary duties, such as confidentiality and client loyalty, that are owed to both the buyer and seller. It is within this gray area that the majority of brokerage disputes develop.

The role of a real estate attorney in a brokerage dispute is often to determine whether the broker acted according to their fiduciary duties and in the best interest of their clients. In many cases, a resolution between a buyer or seller and a broker is not immediately possible and legal action will need to be taken. Having an attorney with experience in brokerage disputes is a great advantage as they will have already managed cases that deal with the many twisting laws and regulations that govern broker action.