Generally, a real estate agent’s opinion regarding the subject property ordinarily cannot constitute actionable fraud or deceit under California Law. See Rendell v. Scott (1886) 70 Cal. 514 (A statement of opinion, not involving an assertion of fact, will not constitute fraud.) However, if the sales agent advances or offers an opinion in which he/she does not honestly or cannot reasonably believe, then an action for fraud may exist. See Cooper v. Jevne, (1976) 56 Cal. App. 3d 860, 866. Thus, real estate agents offering opinions should ask themselves whether they have information or knowledge which would render their opinion reckless and/or unreasonable.
If you believe you were the victim of a fraud and/or nondisclosure during your real estate transaction, contact one of our Los Angeles Real Estate Fraud and Nondisclosure Attorneys today for a free consultation and case evaluation.