C
hristopher A. Combs

    Question: I appreciated your column asserting that a real‑estate agent owes a fiduciary duty to help seller complete property disclosure statement. As an expert witness in real‑estate litigation, I believe a listing agent must assist seller, while a buyer’s agent must review disclosure and flag red‑flags. I face resistance from agents and their attorneys over these responsibilities.

    Answer: Thank you for your comment. In 1962, Arizona voters approved a constitutional amendment permitting real‑estate agents to practice law in home sales. Since then, agents have been held to same standard of care as attorneys when representing buyers or sellers, including disclosure assistance. No subsequent legislation or ballot measure has raised professional threshold—for example, requiring college degree for sales over $1 million. For questions on real‑estate law, email Christopher Combs at [email protected].