REAL ESTATE LICENSEES CAN BE HELD PERSONALLY LIABLE FOR NEGLIGENCE
R
BY NED HALE, ESQ., BOARD CERTIFIED REAL ESTATE ATTORNEY
eal Estate licensees frequently ask their legal WRONG! According to the third district court of appeals,
counsel if they can be personally sued by a which includes Miami, in the recent case of Muchnick v.
party to a sales contract or a lease. Surely, Goihman, Case No. 3D17-122 (Fla. 3d DCA 2018), a real
these licensees reason, they can’t be sued estate licensee is not shielded from personal liability due to
personally – they are working for a company the fact that he was acting within the scope of his corporate
after all, and isn’t limited liability the main employment because the evidence showed that the licensee
benefit of working for a company? personally participated in the negligence. The court said that
the licensee owed a duty of reasonable care to the tenants
10 RPCRA.ORG | SEP/OCT 2018