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A Legal-Economic Analysis of Changing Liability Rules Affecting Real Estate Brokers and Appraisers

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Abstract

Real estate professionals operate in a legal environment characterized by new expectations. The increasing number of lawsuits reflects the arrival of the age of consumerism in the real estate industry. Liability positions being staked out are largely premised on industry professionalization. The area of greatest activity is misrepresentation litigation initiated by buyers. Buyer cases have become the crucible for developing "public policy" concepts of professional liability. This article considers the multiple premises of liability to buyers, including negligent misrepresentation, state licensing laws, and professional codes of ethics. Also consideration are applications to appraisers, liability economics, and preventive strategies.

Suggested Citation

  • Donald R. Levi & Curtis D. Terflinger, 1988. "A Legal-Economic Analysis of Changing Liability Rules Affecting Real Estate Brokers and Appraisers," Journal of Real Estate Research, American Real Estate Society, vol. 3(2), pages 133-149.
    • Handle: RePEc:jre:issued:v:3:n:2:1988:p:133-149
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    Cited by:

    1. John D. Benjamin & G. Donald Jud & G. Stacy Sirmans, 2000. "Real Estate Brokerage and the Hosting Market: An Annotated Bibliography," Journal of Real Estate Research, American Real Estate Society, vol. 20(1), pages 217-278.
    2. Roy T. Black & Hugh O. Nourse, 1995. "The Effect of Different Brokerage Modes on Closing Costs and House Prices," Journal of Real Estate Research, American Real Estate Society, vol. 10(1), pages 87-98.
    3. John D. Benjamin & G. Donald Jud & G. Stacy Sirmans, 2000. "What Do We Know About Real Estate Brokerage?," Journal of Real Estate Research, American Real Estate Society, vol. 20(1), pages 5-30.

    More about this item

    JEL classification:

    • L85 - Industrial Organization - - Industry Studies: Services - - - Real Estate Services

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