What is tort?
Tort is a legal term that pertains to civil law and refers to a civil wrong that causes one party to suffer loss or damages. The wrong-doer is legally liable to the party that sustained or suffered the damages (tort liability).
In real estate, tort will most likely have to do with real property. Depending on the case, tort is divided into three general categories, as detailed below.
What is intentional tort?
Causing harm or damages by an intentional act. For example: trespassing, and intentional property damage
What is negligent tort?
Acts that lead to harm, damage or injury were not intentional. Broadly stated, Party 1 has a duty or owes a service to Party 2. Party 1 fails to perform that duty or service, which then leads to Party 2 suffering loss, damages or injury. If a direct connection exists and is proven between the two steps, it means Party 1 is liable of negligent tort.
For example: an agent or broker owes their client due diligence, full transparency and disclosure about the property that is being transacted, but the agent or broker fails to disclose that recent damage to the ceiling in a room was not properly repaired. After having purchased the property, a piece of the ceiling falls on the new owner’s piano and causes extensive damage. In this case, the client can file suit against the agent or broker, for not having performed due diligence or provided full disclosure about the state of the property, which led to the material loss suffered, holding the agent or broker liable for this negligent tort.
What is strict liability tort?
Although the term mostly refers to manufacturer’s liability for their products, it can be applied to real property tort claims, as well. Real property strict liability can be the result of abnormally dangerous use of land, inappropriateness of the activity to the location where it is carried out, injury or damage sustained due to accident while carrying out activity.
escape of sprayed pesticides or other dangerous substances, which damages the quality of adjacent property and/or adjacent property residents
a building landlord may be held liable for injury to a tenant that was the result of property defects which existed at the time the tenant leased the space
You might also be interested in:
Search other terms