What a Real Estate Agent Does Not Take Responsibility For: Liability, Guarantees, and Limits

A real estate agent plays a crucial role in the buying and selling process, but not all responsibility lies with them. Buyers and sellers should understand what guarantees the agent provides and where their liability ends.

1. Agent’s responsibilities

A professional agent:

Mediates the sale or purchase between the parties,

Provides information about the known characteristics of the property, including technical and legal status,

Assists with pricing and negotiation,

Coordinates the work of lawyers, notaries, appraisers, and other professionals.

However, this does not mean the agent is responsible for the property’s technical condition or legal issues not documented in official records.

2. What the agent does not take responsibility for

a) Technical defects
The agent cannot guarantee that the property is technically flawless or free of hidden defects. It is recommended to hire an independent expert.

b) Legally clear ownership
The agent is not liable for errors in the land registry, encumbrances, or ongoing legal disputes. These checks are carried out by a lawyer or notary.

c) Market price
The agent advises on pricing but does not guarantee that the price fully reflects the market or that the property will sell at the best possible price.

d) Personal decisions
The agent provides support, but the final decision always rests with the buyer or seller. Professional advice does not replace personal judgment.

3. Guarantees and insurance

Some agencies offer additional services:

Liability insurance against faulty advice,

Coordination of legal checks,

References and certifications to support service quality.

It is important to know that these guarantees do not cover the full property value or all risks, only the agent’s scope of responsibility.

4. Conclusion

The real estate agent is a key player in property transactions, but not omnipotent. Their role is to coordinate the process, provide information, and advise. Technical, legal, and financial risks always remain the responsibility of the parties.

Awareness and the involvement of the right professionals ensure that the transaction remains safe and transparent.