An Analysis of the Foundations and Scope of Civil Liability of Real Estate Agents in Drafting and Executing Sale and Lease Contracts

Document Type : Original Article

Authors
Alireza Mohammadbeigi 1
Saber Soroush 2
1 Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2 Master of Laws, Pardis Branch, Islamic Azad University, Tehran, Iran
10.22034/jble.2025.560988.1033
Abstract
Real estate transactions are among the most common types of contracts in private law, and real estate agents play a critical role in facilitating and drafting these transactions. This article aims to analyze the foundations and scope of civil liability of real estate agents in drafting and executing sale and lease contracts. The study employs a legal–comparative analysis method, examining jurisprudential, statutory, and comparative sources. Findings indicate that the liability of real estate agents can be invoked under both contractual and tortious frameworks; however, the boundary between these two areas remains unclear in Iranian law and judicial practice. Weak legal training, the absence of an effective supervisory system, and lack of professional liability insurance are key factors contributing to disputes. The article recommends legal reforms, professional insurance, and specialized training to enhance transparency and legal security in real estate transactions.
Keywords
Civil liability
Real estate agents
Sale contract
Lease contract
Professional liability

  • Receive Date 02 July 2025
  • Revise Date 06 September 2025
  • Accept Date 18 September 2025
  • First Publish Date 18 September 2025
  • Publish Date 23 August 2025