Pennsylvania Court Affirms No Duty for Brokers on Property Suitability Under the Real Estate Licensing and Registration Act.

In P. Perez Real Estate v. Homesale Real Estate Services, Inc., decided in December 2025, the Pennsylvania Superior Court affirmed a trial court’s grant of summary judgment in favor of real estate brokers and an agent in a professional liability dispute. The plaintiffs, a real estate holding and management company, argued that the brokers owed a duty to determine whether certain commercial properties were suitable for their intended use and should have known about a local highway revitalization plan affecting the properties.

The court held that the trial court properly granted summary judgment for the broker defendants, finding that under the Pennsylvania Real Estate Licensing and Registration Act, brokers are required to exercise reasonable professional skill and deal honestly in a transaction, but they do not have a statutory duty to independently investigate whether a property is appropriate for a buyer’s particular commercial purposes or specific future municipal plans.

The decision reinforces limits on real estate agent liability in professional negligence claims and clarifies the scope of duties a licensed agent owes under Pennsylvania law.