Misrepresentation: Real estate brokers may be prohibited from misrepresenting property information or providing false details about a property's condition, features, or value. This includes providing inaccurate square footage, concealing property defects, or misrepresenting the property's zoning status.
Dual agency without disclosure: In some jurisdictions, real estate brokers must disclose their dual agency status if they represent both the buyer and the seller in a transaction. Failing to disclose this conflict of interest can be illegal.
Discrimination: Brokers are generally prohibited from engaging in discriminatory practices based on protected characteristics such as race, color, religion, national origin, sex, disability, or familial status. This includes steering buyers or renters to or away from certain neighborhoods based on these characteristics.
Kickbacks and undisclosed incentives: It is often illegal for brokers to receive undisclosed kickbacks, referral fees, or incentives from service providers such as lenders, inspectors, or contractors without disclosing them to clients. Brokers should act in their clients' best interests, rather than for personal gain.
Breach of fiduciary duty: Real estate brokers have a fiduciary duty to act in the best interests of their clients. Breaching this duty, such as by engaging in self-dealing or failing to disclose conflicts of interest, can be illegal.
Fraudulent practices: Real estate brokers should not engage in fraudulent activities, such as forging signatures, providing false documentation, or misrepresenting financial information. This includes fraudulent flipping schemes, mortgage fraud, or misrepresentation of property values.
Unauthorized practice of law: Real estate brokers should not provide legal advice or engage in activities that require a license to practice law unless they are licensed attorneys. This includes drafting legal contracts or offering legal interpretations.
Failure to disclose material information: Brokers may be required to disclose material information about a property to potential buyers, such as known defects, environmental hazards, or any other information that may significantly impact the property's value or desirability.
Violation of privacy laws: Brokers should handle personal and confidential information of clients in accordance with applicable privacy laws. Sharing or using client information without proper authorization can be illegal.
It's important to remember that real estate laws and regulations can vary, so it is advisable to consult the specific laws and regulations in your jurisdiction or seek legal advice for accurate and up-to-date information.