law
tort
A tort is a civil wrong, other than a breach of contract, that causes harm to another person and for which the injured party may sue for damages. Common real estate torts include negligence, fraud, intentional or negligent misrepresentation, and trespass. Licensees can be liable for torts committed while working, and brokers may be held vicariously liable for torts of their agents.
- Exam tip
- A tort is a civil wrong outside of contract; a breach of contract is a separate claim. Misrepresentation by an agent is typically a tort claim.
- Example
- An agent tells a buyer the basement never floods despite knowing it does; after the first storm the buyer sues the agent for misrepresentation, a tort.
Related terms & state variants
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Last verified: 2026-10-23