Can you sue an agent for breach of contract?

Asked by: Letitia Ortiz  |  Last update: June 20, 2025
Score: 5/5 (11 votes)

An agent is not generally liable for contracts made; the principal is liable. But the agent will be liable if he is undisclosed or partially disclosed, if the agent lacks authority or exceeds it, or, of course, if the agent entered into the contract in a personal capacity.

Can you sue a realtor for breach of contract?

The time limit to sue a real estate agent, known as the statute of limitations, depends on the specific legal claims involved. For example, in California the following deadlines apply: Breach of contract. You typically have 4 years if the contract was in writing or 2 years if it was oral.

Is it worth suing for breach of contract?

The Value of the Contract: Consider whether the breach resulted in substantial financial or other losses. If the damages are minimal, the costs of litigation may outweigh the potential recovery. For example, suing over a minor inconvenience or slight delay may not be worth the effort.

How much can you sue for a breach of contract?

In a breach of contract case, damages typically cannot exceed four times the actual losses. However, the exact amount depends on the specifics of your case. Consult with a lawyer to determine the potential damages you may recover.

What happens if an agent breaches their duty?

If an agent has been negligent in carrying out its duties under the agreement, they could be liable to the company (for breach of the agency agreement) or to any third party (for breach of any contract between the third party and the company, which the agent caused the company to enter).

Can You Sue Without a Contract | Q&A Series | BlackBeltBarrister

40 related questions found

Can you sue an agent of a company?

If a registered agent doesn't do its job and a default judgment is issued against your business, and you lose your company's good-standing status with the Secretary of State, or if your LLC (limited liability company) is dissolved as a result, you have the right to sue your registered agent for damages.

Can you sue for breach of duty?

Breaches of duty of care can often lead to personal injury lawsuits. In these cases, plaintiffs (the victims) seek compensation for their damages by proving that defendants (the accused parties) are liable for their injuries.

How hard is it to win a breach of contract lawsuit?

There is ample opportunity for disappointment, which often leads to breach of contract litigation. While breach of contract happens all the time, very few cases become a winning lawsuit. Long story short, it's hard to win a breach of contract lawsuit.

Will a collection agency sue for $5000?

Unpaid, credit card balances between $5,000 to $10,000 increase the likelihood of legal action by creditors or collection agencies. While agencies typically pursue the full amount owed, debt buyers may accept reduced payments.

What compensation can you get for breach of contract?

Compensatory Damages

Lost profits, Cost of cover (i.e., obtaining substitute goods or services), Repair or replacement costs, and. Incidental expenses incurred due to the breach.

Is breach of contract hard to prove?

The short answer is yes. Breaches of oral contracts are harder to prove, but the contracts are absolutely enforceable. Breach of oral contract elements are the same as for written contracts. The hardest part of proving a breach of contract for an oral agreement is proving that the contract existed and was valid.

How long after breach of contract can you sue?

For a written contract, you generally must file your lawsuit within 4 years of when the agreement is broken. For a verbal contract, you must file it within 2 years of when the agreement is broken.

How do I sue for breach of contract without a lawyer?

Small claims court: For cases below a statutory amount that is usually less than $10,000, parties may go to court themselves and avoid hiring a contract lawyer. For small business owners, avoiding costly business litigation can be as important as winning breach of contract lawsuits.

What happens if I break contract with realtor?

“If you cancel early, chances are the agent might just let you off the hook for the remainder of the contract—at least most of us do—especially when the homeowner requests this cancellation,” says Maria Jeantet is a real estate agent with Coldwell Banker C&C Properties in Redding, CA.

What is the most common complaint filed against realtors?

Meseck, the most common complaints involve:
  • Septic systems.
  • Solar leases.
  • Failure to disclose and Seller's Property Disclosures.
  • Water rights.
  • Miscommunication.
  • Agent-owned property and additional supervision.
  • Multiple offers.
  • Unpermitted work.

How often do sellers sue for breach of contract?

That's when a court requires you to fulfill your end of the contract, and buy the home anyway. However, Wallace explains, getting sued by a seller is an unlikely scenario. “Some sellers may threaten the other party with a lawsuit,” she says, “but in our market, 99% of the time, the seller does not sue the buyer.

What is the 11 word phrase to stop debt collectors?

The phrase in question is: “Please cease and desist all calls and contact with me, immediately.” These 11 words, when used correctly, can provide significant protection against aggressive debt collection practices.

Is it worth going to small claims court for $500?

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

How likely is a collection agency to sue?

While smaller debts are less likely to result in legal action, there are no guarantees. In many cases, though, debt collectors will prioritize larger debts, as they offer a higher return on the time and legal fees associated with a lawsuit.

Can you go to jail for breach of contract?

If you're thinking about breaching a contract, you should first be aware of the legal consequences that can come with it. Depending on the severity of the breach, you could be looking at anything from a small fine to jail time.

What remedy is awarded most often for breach of contract?

Compensatory damages are the most common remedy for breached contracts. These damages aim to compensate the non-breaching party for the financial losses they suffered due to the breach.

What do you need to prove for a breach of contract?

The relevant criteria are:
  1. There is a legally binding contract. ...
  2. The other party has failed to perform their duties under the contract. ...
  3. You have suffered loss as a result of the breach. ...
  4. The breach occurred within the last 6 years. ...
  5. Collating and preserving evidence. ...
  6. Reserving your rights. ...
  7. Taking legal advice.

How do you prove breach of duty?

In most cases the plaintiff can establish a breach of duty either by showing that the defendant was negligent OR by establishing that the defendant is subject to strict liability. Negligence is defined as the failure to use ordinary care.

What is a punitive award?

Punitive damages are awarded punish a defendant for malicious conduct (such as drunk driving). Punitive damages are not available in all cases. You must request punitive damages when you file your lawsuit. There is no formula to calculate punitive damages. A judge or jury will award an amount.

Is breach of contract civil or criminal?

Breach of contract actions based on non-performance or misunderstandings are typically civil actions handled in civil court. The party who sustained damages files a breach of contract complaint. When a breach of contract includes fraud, however, the party committing the fraud may be charged with a crime.