One of the first steps in determining liability in any professional malpractice claim is establishing the standard of care. This is true in the case of Arizona real estate brokers.

When a lawsuit is filed in Arizona against a real estate broker, the jury or judge will decide whether the broker’s actions and/or omissions did not meet 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 generally established by expert testimony from industry professionals who are qualified to render such opinions. Therefore, a plaintiff seeking to recover from an Arizona real estate broker must offer convincing testimony from some other broker, or other qualified expert, that the defendant broker did not act reasonably.

The easiest way to understand the level of care is to ask if the broker did not use the skill, prudence, and diligence that other Arizona real estate brokers commonly exercise.

Of course, even if the broker is found to have breached the standard of care, the plaintiff must also show that he or she also suffered compensable damages. Such damages are generally equal to the amount of money lost by the plaintiff as a result of the broker’s wrongful conduct.

If you are an Arizona real estate broker facing a claim that you have violated the standard of care, or if you believe you have a claim against a broker, you should seek the advice of an experienced Arizona real estate attorney as soon as possible.