Professional negligence

Mortgage brokers and real estate agents

Real estate negligence

Have you suffered financially because you were misrepresented by a mortgage broker or real estate agent?

For the Queenslanders who have suffered substandard service from a property professional, when a duty of care is owed: we can be there to hold the professional who wronged you accountable.

You are entitled to expect a property professional such as a mortgage broker or real estate agent to undertake reasonable care in giving you advice and exercise a degree of skill which is higher than that of the average person.

If you have suffered financially, because of a mortgage broker or real estate agent’s services or actions, get in touch with our team of litigation lawyers at Gibbs Wright to discuss your case. We offer an initial no-cost, obligation free, consultation to discuss the merits of your case with you.

Types of professionals

Examples of negligence by mortgage brokers and real estate agents

  • Misselling a mortgage or house
  • Failure to properly disclose or advise of all ancillary charges
  • Profiting from undisclosed conflicts of interest
  • Misrepresentation of a product or service
  • Incorrect property valuations

Looking to resolve a professional negligence dispute?

At Gibbs Wright Litigation Lawyers, we offer an initial no-cost, obligation-free consultation to help you understand your options. We’re here to fight for you.


When is a mortgage broker or real estate agent negligent?

A mortgage broker, real estate agent or any other property professional will not necessarily have acted negligently simply because they have made an error in judgement. What is considered “reasonable care and skill”, and what will amount to negligence, will vary from matter to matter depending on the type service that is being offered. Our lawyers at Gibbs Wright can assist you in examining your professional negligence claim and help determine if a breach has occurred.

Professional negligence is when a professional owes a duty of care or breaches their responsibilities. Negligence also includes failing to give you correct advice, failing to give you advice on a certain issue, and failing to give you advice within a reasonable time (limitation periods).

To successfully prove a claim in professional negligence against a mortgage broker, real estate agent or other property professional, you (a plaintiff) must establish that:

your mortgage broker or real estate agent owed you a duty of care

your real estate agent or mortgage broker breached of their duty of care to you

you suffered financial loss, damage or other injury as a result of your mortgage broker or real estate agent's action or inaction

If all the above elements are satisfied, a successful claim in professional negligence will generally entitle you (the plaintiff) to claim compensation for any loss or damage suffered as a result of the negligence.

This will generally include legal costs or other professional services expenses reasonably incurred in the process of establishing a professional negligence claim, and may occasionally also include potential future financial losses or expenses that are likely to accrue as a direct result of the negligence.

Professional negligence lawyers

How can Gibbs Wright help?

  • Examine the facts of your professional negligence case
  • Establish whether a claim of professional negligence can be made
  • Explore your legal options including options for compensation
  • Discuss your best course of action that will suit your needs
  • Act on your behalf to hold a professional who has breached their duty of care with you

We are civil & commercial litigation lawyers

Why choose Gibbs Wright

There are hundreds of law firms in Queensland, but only a handful of them focus solely on litigation, and fewer still have the necessary skill and understanding to deliver commercially viable results for your matter.

At Gibbs Wright, we exclusively practice in litigation and dispute resolution, and as a client of ours, we want you to feel confident that you will receive unparalleled service and dedication for your dispute.

Our firm represents both plaintiffs and defendants across Queensland, in a wide range of litigation and dispute matters, and no case is too small, too large or too complex for our lawyers to take up the fight.

Whether you are an individual or one of Australia’s largest companies, your case deserves the same level of attention and dedication – and that is what we strive to provide to each and every client.

Commercially viable outcomes

High success rate

Brisbane-based Litigation Team

Dedicated litigation firm

Direct contact with your lawyer

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Outstanding client satisfaction

Brisbane-based litigation team

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We help resolve professional negligence claims

Gibbs Wright acts on behalf of those who have suffered financially because of a professional's failure in their duty of care.

budget, financial, project, accounting

Negligent accounting

helmet, safety, construction

Negligent construction work

bill, tax, invoice

Financial advisor negligence

price, house, real, estate

Real estate negligence

Real estate and mortgage broker negligence questions

Frequently Asked Questions

You can take legal action against a real estate agent if they provide substandard service.

For example, you may be able to take legal action against a real estate agent if they:

  • Misrepresent a mortgage or property;
  • Missell a mortgage or property;
  • Fail to disclose all fees, charges, insurance premiums and commissions for service;
  • Profit from an undisclosed conflict of interest;
  • Incorrectly value a property;
  • Breach client privacy by sharing details;
  • Miss a deadline for opting out of a contract;
  • Fail to disclose a property defect; or
  • Act for both the buyer and seller.

Financial loss that results from the actions of a real estate agent is not necessarily considered negligence. At Gibbs Wright Litigation Lawyers, we can help determine whether there has been negligence in your situation.

If your real estate agent has been negligent, you may be entitled to compensation. This will be dependent on the individual circumstances of your case.  Your case should be legally assessed to determine the actions that are taken. Call Gibbs Wright Litigation Lawyers to discuss the merits of your claim, your options and likely compensation.

Yes – six-years is the general time limit in cases of professional negligence. This time limit starts at the time you first suffered loss. Extensions to this time limit can be granted in exceptional circumstances.

For cases of professional negligence, the compensation you may receive is dependent on the circumstances of your case. If your claim is successful, you could be compensated to the degree that will return you to your financial position prior to the negligence. You may also be eligible for compensation for any expenses incurred or lost profits in trying to resolve the negligence.

Many factors influence the amount of time a claim of professional negligence takes to be finalised.  To ensure the efficiency of your claim, it is important to provide accurate and detailed reports to support your claim.


Negligent conduct by a real estate agent can have a devastating effect on a person’s life.

Seeking legal advice for a claim of professional negligence can help you determine the strength of your case. Our team at Gibbs Wright Litigation Lawyers can work closely with you to find the best solution, with an aim to obtain maximum compensation, while reducing the risks involved and minimising costs to you.

The cost to make a claim will depend on the case. If you have suffered as a result of negligence by a real estate agent, Gibbs Wright Litigation Lawyers can take up your fight and ensure you are properly compensated. Call now for a free, no-obligation consultation.

Yes. Our litigation team can work with you to determine the strength of the claim against you and the best way to minimise any compensation payable, while reducing the risks involved and minimising costs to you.


What our clients say

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Our people

Meet our litigation team

Yusuf Furgan
Senior litigation solicitor

Meet Yusuf

Yusuf combines his formidable legal research and problem-solving skills together to resolve employment and commercial disputes.

Rebekka Hallberg
Senior litigation solicitor

Meet Rebekka

Rebekka is dedicated, driven, and an out-of-the-box type thinker, who assists our clients in a wide variety of litigation and IP matters.

Melany Dowse
Special counsel

Meet Melany

Melany represents a range of clients from individuals and small businesses to body corporates and insolvency practitioners.

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