agency

vicarious liability

Vicarious liability is legal responsibility for the wrongful acts of another person. In real estate, a principal may be held liable for an agent's misrepresentations, and a broker may be liable for the acts of affiliated licensees within the scope of their work. Some states limit a client's vicarious liability for an agent's misstatements unless the client knew of them.

Exam tip
Exams test that brokers are responsible for supervising salespeople and can be held liable for their acts, which is one reason errors and omissions insurance exists.
Example
A salesperson tells a buyer a basement never floods, knowing it does. The buyer sues both the salesperson and the supervising broker.

Related terms & state variants

Sources

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Last verified: 2026-10-23