If a real estate agent misled you or left out something important, you probably want to know who can help. The short answer is a litigator, meaning a lawyer who handles lawsuits over contracts, fraud, and real estate disputes in Florida courts and arbitration.
Most claims against an agent turn on a contract, a false statement, or a hidden fact. That makes the matter a lawsuit from the start, so the lawyer you need should be ready for court.
Short Answer: The Kind of Lawyer to Look For
A lawyer who litigates real estate, contract, and business disputes is the usual fit for suing an agent. Ayala Law PA focuses on business and commercial litigation, contract disputes, and real estate litigation.
Eduardo A. Maura is the lawyer responsible for this page. The firm’s only office is at 1646 W Snow Ave in Tampa, and it handles business disputes for clients in Hillsborough County and the Tampa Bay area.
Whether a claim fits your situation depends on the facts of your transaction. Those facts include what was signed, what was said, and what was disclosed.
If a home sale or purchase went wrong and you're trying to figure out who may be responsible, our team can talk through the facts with you at (305) 570-2208. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Why the Type of Claim Shapes the Lawyer You Need
The claim you have decides what your lawyer studies first.
A lawyer usually starts with the paperwork. That means the purchase contract, the listing or buyer agreement, disclosure forms, inspection reports, and messages with the agent.
From there, the lawyer asks which claim those records support. A contract claim looks at what each side promised. A misrepresentation claim looks at what was said and whether the buyer relied on it. A failure-to-disclose claim looks at what the agent knew and whether the fact mattered to the deal.
A written agreement can also limit other theories. Given the existence of an express contract covering the same subject matter, “claims arising out of that contractual relationship will not support a claim for unjust enrichment,” as Williams v. Johnson explains.
A lawyer’s job at this stage is to identify which claim the facts support. No lawyer can promise how a claim will end.
What Can You Sue a Realtor For?
The most common claims against an agent are misrepresentation, failure to disclose, and breach of contract.
- The lawyer checks these against the agreement and the facts.
- Brokerage liability: the brokerage company may be named along with the agent. The facts decide who is responsible.
Fraud-based claims have their own rules. The Florida Supreme Court held in Butler v. Yusem (Fla. 2010) that justifiable reliance is not a necessary element of fraudulent misrepresentation. Justifiable reliance is not a necessary element of fraudulent misrepresentation, as Butler v. Yusem explains.
Common Complaints That Lead to Lawsuits Against Agents
Most of these disputes start with a problem the buyer or seller finds after closing. The complaints tend to fall into a few groups:
- water intrusion or repairs that were never reported to the buyer;
- wrong statements about square footage, lot lines, easements, or permitted use;
- pressure to waive inspections or close quickly while known problems stayed unshared;
- disagreements over commissions, earnest money, or what an agreement actually said.
Records often decide these cases more than memory does. A buyer who saved the listing sheet, the emails, and the repair invoice has a far clearer starting point than one who recalls a phone call.
One mistake is waiting to see if the problem goes away. Time keeps running while records get harder to pull together, and early messages with the agent can shape what the record shows.
How Long Do You Have to Sue?
Florida sets a time limit for each type of claim, so check the clock first.
Florida’s limitations statute places a legal or equitable action founded on fraud in the four-year category, under Fla. Stat. § 95.11. That same statute treats written and oral contracts differently, so the type of agreement matters.
The start date is not always the day you closed.
A contract term that sets a shorter period than the statute allows is void, under Fla. Stat. § 95.03. A pending arbitration on the same dispute also pauses the clock under Fla. Stat. § 95.051.
Raise timing questions early. The deadline keeps running while you gather records.
What to Gather Before a First Conversation
Bring your documents and a dated timeline, because they show what happened and when.
Gather the purchase or listing contract, every disclosure form, inspection reports, and repair records. Save emails, text messages, and listing materials too. Then write a timeline of what the agent said and when.
Share the unhelpful facts as well. Your lawyer can only judge the claim well with the full picture.
Communications with your lawyer are generally protected. Florida’s lawyer-client privilege covers confidential communications made to obtain legal services, subject to exceptions, including Fla. Stat. § 90.502 for services sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud. Avoid discussing the dispute with the agent or on social media.
Fee terms are explained when you contact the firm.
Can you sue a real estate agent for fraud in Florida?
Yes, a fraud-based claim against an agent can be brought under Florida law. Whether it holds up depends on what was said and what the buyer knew.
How long do you have to sue a realtor in Florida?
The time limit varies by claim and by the type of agreement. Raise the timing question early.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Talk Through Your Situation With Our Team
You may be reading this about your own purchase or sale. You may also be reading it for a parent or family member who now feels misled by a deal.
If that’s where you are, call (305) 570-2208 or send your details through the contact form to describe the transaction and the paperwork you have.
For more on the firm’s work in this area, see the real estate litigation overview.
