If you’re asking what type of lawyer do you need to sue a real estate agent, the short answer is a civil litigation attorney. A claim against an agent is a lawsuit. You need a lawyer who handles disputes in court and arbitration, not only closings.
The short answer: a civil litigation attorney
A lawsuit against a real estate agent is a civil case. The lawyer’s job is to test the claim, gather proof, and carry the case forward. That is litigation work.
Ayala Law PA focuses on business litigation, contract disputes, and real estate litigation in Florida courts and arbitration. Those are the areas Ayala Law PA handles.
A typical case moves in stages. The lawyer reviews the claim and files a complaint. Both sides then exchange documents and written questions, which is called discovery. Many cases settle. Some go to trial. Each stage depends on the facts in your file, so no two cases look the same.
If the agent's promises or the closing didn't match what you were told, our team can talk through your documents and options with you. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Is a real estate attorney the same as a realtor?
No. They play different roles. A realtor is a real estate agent who belongs to the National Association of Realtors. A real estate attorney is a licensed lawyer who gives legal advice and represents clients.
An agent helps bring a buyer and a seller together and runs the transaction. Lawyers are licensed through The Florida Bar.
When the problem is money lost, a broken promise, or a breached contract, you need a lawyer who litigates. Closing paperwork and a lawsuit are different jobs. Check whether the lawyer handles disputes, not only transactions.
Common claims against real estate agents and what they involve
The claim type shapes the case and the proof. Common claims include:
- Misrepresentation or fraud. The agent made a false statement about the property, price, or condition. Florida courts describe fraudulent inducement with four parts: a false statement of a material fact, the speaker’s knowledge that it was false, an intent to induce action, and injury to the person who relied on it. See Florida fraudulent inducement ruling.
- Nondisclosure. The agent kept a known problem from you. Whether that claim works depends on the facts and the agreements you signed.
- Breach of fiduciary duty. This claim asks whether the agent failed the duties owed to you as a client. It can come up when one agent represents both sides.
- Breach of a listing or buyer agreement. The agent did not do what the written contract required. Disputes over commissions often fall here.
The signed agreements, texts, and reports usually show which claims are strong. A lawyer’s first step is matching each claim to the paperwork.
Timing: deadlines and why waiting can hurt
Florida sets time limits for filing suit, and they differ by type of claim. Those limits are in Fla. Stat. § 95.11.
Some time can pause. Under § 95.051, the running of time is tolled, meaning paused, while an arbitration over the same dispute is pending.
Acting promptly also matters if you want to undo a contract. Florida courts have said a party who can rescind a voidable contract may lose that right by failing to act after learning the key facts. See Florida ratification ruling. This is a general rule, not an automatic result.
Start a timeline now. Write down the signing date, showing dates, inspection dates, the closing date, and when you first learned of the problem.
What to gather before talking with a litigation attorney
Start with the paperwork. Gather the purchase or listing agreement, any buyer representation agreement, addenda, and disclosure forms. Add inspection reports, appraisals, closing statements, and repair estimates.
Then gather communications. Keep texts, emails, and notes about what the agent said regarding the property, price, or condition. A common mistake is deleting messages that seem minor. Keep everything.
Identify the right defendant. The individual agent, the brokerage, or both may be responsible. The documents often show which.
Venue is the county where a case is filed. Under § 47.011, actions must be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located; this section does not apply to actions against nonresidents. Under § 47.021, when defendants live in different counties, the suit can go in any county where one of them resides.
Eduardo A. Maura is the responsible lawyer for this page. The firm’s office is at 1646 W Snow Ave in Tampa, and it represents businesses and individuals in Tampa and Hillsborough County. If a matter may be referred to another lawyer or firm, the firm will tell you that.
Talk with our team about your situation
Many people reading this are in the middle of a closing that did not match what they were told. Others found a hidden problem after the keys changed hands. Some are reading for a parent, a partner, or a family member.
Under § 45.061, a written offer stays open 45 days unless it is withdrawn sooner, but the statute states that it “does not apply to causes of action that accrue after the effective date of this act.” Fla. Stat. § 45.061 reads: “The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree.” An offer neither withdrawn nor accepted within that time is deemed rejected.
Fee questions are discussed directly with the firm.
What type of lawyer do you need to sue a real estate agent?
A civil litigation attorney. That is a lawyer who handles disputes in court and arbitration, not only transaction paperwork.
Can you sue a realtor for misrepresentation in Florida?
A misrepresentation claim can be brought when the facts meet the elements of fraudulent inducement, but it must be filed within the time limit that § 95.11 sets for a legal or equitable action founded on fraud. Your documents and what was said will decide whether they do.
Where can the lawsuit be filed?
Venue rules look at where the defendant lives, where the claim arose, and where the property is located.
If the agent’s statements or the closing didn’t match what you were told, call (305) 570-2208 and talk through your documents with Eduardo A. Maura and our team.
